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Grahamsdad

Junior Member
I am having an issue surrounding a very rare wooden desk we just bought.

I have been searching for this particular style and type of antique desk for nearly 25 years. I suddenly saw it listed on eBay of all places. I did an Internet search and saw that the same desk was listed by the same seller on Craigslist for a little more money. I contacted the seller and asked them to send more images (specific angles) to confirm that they did have the desk in their possession. In any case, I bid on the eBay auction and won at a very good price. They were thrilled to sell it. The seller was in Maine. I live in New York.

I made plans with the seller to pick up the desk and rented an enclosed u-Haul trailer to tow it back home. I bought moving blankets, strapping tie-downs, made hotel accommodations and got cash out of the bank.

My wife and I took the days off from work and set off. 350 miles into the trip the seller contacted me to let me know that she could not find all of the parts to the desk, and wanted to know if I still wanted it. We pressed on having renegotiated the deal to slightly lower the price. If she found the parts, I agreed to pay shipping and send her the balance of the original cost.

When we got to her home, the desk was ready and waiting. Aside from the missing parts the desk was everything we had hoped. The seller's father was on hand to watch my wife and I load the desk. That took about an hour of time. We paid him, made up a bill of sale and headed back toward home.

We got home 35+ hours after we left, racking up nearly 1,000 miles total. Total cost of the trip - inclusive of the hotel, gas, trailer rental, food etc. was about $1,200.

I contacted the seller to ask if she was able to find the parts. As it turns out, the seller never told me the entire story of the desk. The desk was gifted to her by her ex-husband as a wedding present. They divorced shortly after they got married and in the settlement she retained legal ownership of the desk.

I received notification from the ex-husband and his lawyer that the seller agreed to give him a right of first refusal if she ever sold the desk. They indicate that the desk is subject to litigation and the sale to me is null and void and that I am to return the desk at my own expense.

I won the auction for the desk at $2,000. It is worth considerably more, up to $8,000 - $10,000. I have $1,200 in expenses to pick it up not including the lost days from work for both my wife and me. This does not seem fair. It seems to me that he has grounds for a contempt action against his wife but he has no contractual privity with me. Personally, I don't like his attitude and would not return the desk even if he reimbursed me if I didn't have to.

What are your thoughts?

Thank you.
 
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Zigner

Senior Member, Non-Attorney
I did... but they served me and I am still being sued.
There is no court order or anything, just a lawsuit.
That would have been good information to give in your original post.
What are they suing you for? Money? The desk?
 

Grahamsdad

Junior Member
That would have been good information to give in your original post.
What are they suing you for? Money? The desk?

Sorry about that...

The ex-husband is suing me to GIVE him the desk.

I would need to sue the ex-wife for my money back and my expenses after he "pays" the ex-wife.

He also expects ME to pay for the return of the desk.

Even if the guy came to me now and said, "look ... here's the money you paid for it, plus your expenses .. and I'll pick it up no-charge..." I still don't think I should have to part with it.

I mean... I bought it from the rightful owner.. shouldn't this just be a breach of contract issue between the two of them - and leave me out of it?
 
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Zigner

Senior Member, Non-Attorney
Sorry about that...

The ex-husband is suing me to GIVE him the desk.

I would need to sue the ex-wife for my money back and my expenses after he "pays" the ex-wife.

He also expects ME to pay for the return of the desk.

Even if the guy came to me now and said, "look ... here's the money you paid for it, plus your expenses .. and I'll pick it up no-charge..." I still don't think I should have to part with it.

I mean... I bought it from the rightful owner.. shouldn't this just be a breach of contract issue between the two of them - and leave me out of it?
I agree with your position. I would suggest, however, that you consult with a local attorney. You'll probably have to pay for the consultation, but it shouldn't cost too much in the big scheme of things.
 

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