Bartering

[Tmcdaniel96]

Hi I have recently engaged in a barter with a guy from another state. I live in Illinois and he lives in New York he came to me on a app called wallapop asking me if I would accept a trade for the shoes I was selling. We talked and then finally settling and agreeing we both agrees that we would ship the next day I have since shipped bit got no confirmation from him at he did. I tried to stop the package from getting to him but was unable he has recieved the package and claims he has sent his but will not give me any tracking info. I have told him he needs to send it but keeps trying to dodge it acting like I have the wrong number and saying that it has shipped but when I ask he does not respond is there anything I can do to make him own up to the agreement I have proof that he agreed is that enough that I can file a lawsuit.

 

[Tmcdaniel96]

Now the guy is claiming he did not receive anything from me but I have confirmation from ups it was delivered to his house

 

[quincy]

Hi I have recently engaged in a barter with a guy from another state. I live in Illinois and he lives in New York he came to me on a app called wallapop asking me if I would accept a trade for the shoes I was selling. We talked and then finally settling and agreeing we both agrees that we would ship the next day I have since shipped bit got no confirmation from him at he did. I tried to stop the package from getting to him but was unable he has recieved the package and claims he has sent his but will not give me any tracking info. I have told him he needs to send it but keeps trying to dodge it acting like I have the wrong number and saying that it has shipped but when I ask he does not respond is there anything I can do to make him own up to the agreement I have proof that he agreed is that enough that I can file a lawsuit.

What did you trade your shoes for and what is its value?

This time of year, there can be a delay in package deliveries. If you are convinced you were conned out of your shoes, however, and that the guy has never sent what he said he would send, you need to decide if the value of the shoes is worth the costs involved in pursuing a legal action.

 

[drruthless]

I smell a rat

Now the guy is claiming he did not receive anything from me but I have confirmation from ups it was delivered to his house

You two didn't hook up by way of cragslist by any chance did you?
Learn from your mistake and move on.

 

[Tmcdaniel96]

What did you trade your shoes for and what is its value?

This time of year, there can be a delay in package deliveries. If you are convinced you were conned out of your shoes, however, and that the guy has never sent what he said he would send, you need to decide if the value of the shoes is worth the costs involved in pursuing a legal action.

The shoes are worth $750 or more if he gets the other pair that goes to the set and he was trading me an Xbox one and MacBook Air. I have repeatedly asked him to send me any tracking info but avoids any response to the question we did not trade over craigslist but over wallapop.

 

[quincy]

The shoes are worth $750 or more if he gets the other pair that goes to the set and he was trading me an Xbox one and MacBook Air. I have repeatedly asked him to send me any tracking info but avoids any response to the question we did not trade over craigslist but over wallapop.

I'm sorry but I am afraid I do not understand.

Why does someone need a "set" of shoes? What is the value of the single pair of shoes that you sent?

If the fellow lives in New York and you live in Illinois, I am not sure pursuing this matter is going to be worth your expense. The app you used to connect with the New Yorker is not responsible for the bad trade but, according to the terms and conditions, you can report the guy and/or leave him a bad review.

It is recommended that for all sales or trades that you do them locally and/or in person. Perhaps that is advice you might want to follow in the future?

 

[Tmcdaniel96]

They are a sought after pair of Jordan's that collectors would love to have in there collection the could be worth a whole lot more as time goes on and the shoes become more rare

 

[quincy]

They are a sought after pair of Jordan's that collectors would love to have in there collection the could be worth a whole lot more as time goes on and the shoes become more rare

Ah. Although I can understand the purchase of these shoes from a collector's point of view, kids wearing them in certain areas of Detroit have been shot before when they have refused to turn them over to gun-toting thugs. I am not real fond of expensive shoes like that.

At any rate, what is the value of the single pair of shoes that you sent to the fellow in New York (not what they might be worth to a collector in the future)?

Did you insure the package to reflect this value?

A small claims action could potentially be possible but, again, pursuing a legal action against the out-of-state fellow will probably not be worth your time or expense. I tend to agree with drruthless that it might be best for you to chalk this up as a learning experience. You might want to limit yourself to reporting the seller (based on the facts of the exchange only), and possibly leave a negative review (citing provable facts only) and move on, one pair of shoes lighter but wiser from their loss.

Good luck with whatever decision you decide to make.

 

[Tmcdaniel96]

Is there a way I could scare him into keeping up his end of the agreement with out actually doing anything in court

 

[quincy]

Is there a way I could scare him into keeping up his end of the agreement with out actually doing anything in court

Possibly.

You could have an attorney draft and send the fellow a scary letter, advising him that if he does not fulfill the terms of the agreement and send you the XBox and MacBook pronto, you will report him to Wallapop, leave him a negative Wallapop review and sue him to recover your costs.

Whether any of that will scare him into sending the products is a question mark. Some people are intimidated by attorney letters, others like to ignore them.

Good luck.

 

[Tmcdaniel96]

Thank you I will look into that

 

[latigo]

. . . . . . what is the value of the single pair of shoes . . . . . (?) . . . . .

Wherein lies the significance in the value of the shoes?

His cause of action would be breach of contract, not one in replevin. Hence his measure of damages would not be the value of the shoes, but the value of the item offered and accepted in trade for the shoes.

Now if he could prove that the guy was not in a position to deliver the item, or for some other reason could show that his performance was impossible, then he might have an action sounding in tort and ask for the return of the shoes or their value. But that would be equally difficult with proving his damages for breach of contract.

[SUP]Do you suppose those Detroit thugs are better to judge their victims after "walking a mile in their shoes" or would they much care? (Probably not prudent to be asking.) [/SUP]

 

[quincy]

Wherein lies the significance in the value of the shoes?

His cause of action would be breach of contract, not one in replevin. Hence his measure of damages would not be the value of the shoes, but the value of the item offered and accepted in trade for the shoes.

I asked about the value of the items that were supposed to be sent by the fellow in New York. See my first post. But, because it was a TRADE and not a sale, it seems reasonable to think that the trade was of items the two agreed were equal in value.

Now if he could prove that the guy was not in a position to deliver the item, or for some other reason could show that his performance was impossible, then he might have an action sounding in tort and ask for the return of the shoes or their value. But that would be equally difficult with proving his damages for breach of contract.

I agree there are difficulties. I see several.

Do you suppose those Detroit thugs are better to judge their victims after "walking a mile in their shoes" or would they much care? (Probably not prudent to be asking.)

They rarely get a mile in the prize-shoes before they are arrested, their recently acquired footwear confiscated and replaced with ankle bracelets and booties. These are not very bright people we are talking about.

 

[latigo]

I asked about the value of the items that were supposed to be sent by the fellow in New York. See my first post. But, because it was a TRADE and not a sale, it seems reasonable to think that the trade was of items the two agreed were equal in value. . . . .

Well business wise that makes sense.

However, the "quid pro quo" necessary to bind a bilateral contract does not require that the mutual consideration be of comparable value!

The measure of damages for breach of contract is the loss directly suffered by the other party's failure to perform. If the shoes were sold for cash, the damages would be the agreed purchase price. Here it is the value of the item agreed to be exchanged in trade. In either instance whether the shoes were worth $750 or 75 cents is inconsequential.

And I don't see the OP having any legal claim other than in contract. Nor one that he should waste anytime with.