Looking for some help..

[Charles Bronsen]

What is the name of your state (only U.S. law)? NY

To make a long story short, I needed a cooling fan for my car that was too expensive to buy brand new, so on the car forum that I'm on, there was a guy in my area selling one just like mine(or so I thought).. After doing some research online, I came to the conclusion this fan would fit my car. He was selling the used fan for $50, and before giving him the money, I looked it over, it checked out okay, and he guaranteed me that he checked it and it works and if any issues, he'll give me a week to bring it back. I did however have 2 friends witnessing the whole verbal agreement right behind me. 4 days later, I go to install the fan, but it was a little different from mine, and after much testing and researching, I came to the conclusion that it wasn't the right fan after all for my car. I call him, surprisingly he answers and we agree that on Sunday we will get in touch so I can give him the fan back and I was even nice enough to ask for $40 in return instead of the $50 because I felt bad about wanting to return it. So he doesn't answer his phone on Sunday and texts me back saying he was trying to do a job to get the money for me, but it didn't work out, so hes broke. Meanwhile he drives a 2004 BMW M3 and 330ci, and lives in a house with his (parents?) I assume. In his mid 20's but I'm sure he has $40 bucks to spare. So I tell him, when can you get it to me? He said, I'll let you know basically.. I'm like what if you let me know in a year? You expect me to wait? His reply was "i'll hit you up" meaning he will get back to me, and that was it. So we all know where this is going.. I told this coward that I'll do both of us a favor and give him a week to let me know he has the money for me. No threats involved. I was very polite, something he did not deserve. So my question is, can this matter be handled in any legal way? I honestly would not mind losing a few hundred bucks just so I can show this kid, not everyone is going to let him slide so easily when he wants to treat people like trash. I don't even mind just having him lose a day in court. Not interested in the money anymore, now it's just the principle. I have all the text messages and private messages from him to me on the car forum, and the thread where he initially posted the fan for sale. The only thing is, the garauntee unfortunatly was verbal, but I have 2 witnesses who would be willing to testify. Thank you. Any help would be greatly appreciated.

It's been 2 days and counting so far..

 

[justalayman]

and he guaranteed me that he checked it and it works and if any issues,

for some reason I tend to doubt your statement. I can see a guy telling you if it doesn't work he will refund your money but the "any issues" just doesn't sound likely.


anyway, if he did say any issues, then if he fails to pay, sue him in small claims court.

If he didn't; as long as the fan runs, that is all he promised and he owes you nothing.

 

[Charles Bronsen]

for some reason I tend to doubt your statement. I can see a guy telling you if it doesn't work he will refund your money but the "any issues" just doesn't sound likely.


anyway, if he did say any issues, then if he fails to pay, sue him in small claims court.

If he didn't; as long as the fan runs, that is all he promised and he owes you nothing.

He did say something along those lines, meaning that if there are any problems with ANYTHING, I have a week to return it. Basically if Im not satisfied with the part, I can return it for what ever reason.

Might you know about how much it would cost to sue someone in small claims?

Unfortunatly I did not record the conversation we had where he agreed to take the fan back, but yeah, my satisfaction was garaunteed when I handed him the money. I unfortunatly was not satisfied as you can imagine.

As for the fan itself, it's operation is in the fog as well. Might also be why hes not in a rush to take it back. The motor on it works when you bypass the electrical controls on it, but then again ALL the motors on these fans work. The real problems with these fans are in the circuit board, which I had no way of checking because I could not plug the fan properly into my car. The plug was different obviously.

 

[BL]

Any issues is a vague statement .

Your subsequent phone call that he would take it back and refund your money could be denied by him .

Small claims is a crap shoot .

http://www.courts.state.ny.us/ithaca/city/webpageguidetosmallclaims.html[/U]]A Guide to Small Claims Court

 

[antrc170]

It seems ridiculous to me that you would want to sue him for such a small amount. The problem you have is that you admit that you researched and bought the part because you thought it would work. The seller is not Walmart and doesn't have any obligation to take it back regardless of what statement he made.

I also agree that "any issues" is so vague it would be dismissed easily.

If you want to pursue the court action you can file the claim at the courthouse, get a courtdate and go before the judge.

 

[Charles Bronsen]

Any issues is a vague statement .

Your subsequent phone call that he would take it back and refund your money could be denied by him .

Small claims is a crap shoot .

http://www.courts.state.ny.us/ithaca/city/webpageguidetosmallclaims.html[/U]]A Guide to Small Claims Court

Thanks for the link.. I will look into it if I decide to do it.

It seems ridiculous to me that you would want to sue him for such a small amount. The problem you have is that you admit that you researched and bought the part because you thought it would work. The seller is not Walmart and doesn't have any obligation to take it back regardless of what statement he made.

I also agree that "any issues" is so vague it would be dismissed easily.

If you want to pursue the court action you can file the claim at the courthouse, get a courtdate and go before the judge.

My problem with this guy is that he thinks he can get away with this. I dont care about the money. I just want to make problems for him, because we made an agreement and by him changing his word, he basically insulted me, and felt theres no need to keep his word with me for what ever reason. Apparently he doesnt think Im worthy of his promise. He thinks there will be no concequences for him, thats the problem.

Im such a nice guy that if he would call me tommorrow(last day) and tell me he has the money for me, I would tell him to keep it. I just want him to be willing to do it. Thats the quality of person I am, and definitly do not deserve to be crapped on by this scum bag.

antrc170, no obligation to take it back, even though he said he would? is that the kind of person you are as well? hhmm..

 

[BL]

Thanks for the link.. I will look into it if I decide to do it.



My problem with this guy is that he thinks he can get away with this. I dont care about the money. I just want to make problems for him, because we made an agreement and by him changing his word, he basically insulted me, and felt theres no need to keep his word with me. He thinks there will be no concequences for him, thats the problem.

Well I wouldn't let on that's your intention to the court .

Really though for that reason it's waste of time .

Example: I just purchased a older used laptop . Ad said excellent ,Battery good .Seller verbally stated if there's any issues let him know .That Battery was POOR .I let him know.He said what do you want me to do it's an older laptop batteries get worse year by year . I said what do you want to do about it ,your Ad stated GOOD Batt. ?

He said what do I want to do ? Hang up on you ,but that wouldn't be right . The guy thinks he's Mr. PC man buying and selling .

Am I going to sue him ? NO. I'm moving on .

I'm not a vigilante.

 

[Charles Bronsen]

Yeah your right BL.. Gonna wait and see what happens in the next few days.