Breach of Contract for Purchase of Material Goods

[animalfriend]

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

I saw a set of cabinets on Craigslist that I loved. They owner was asking only $500, which was a great deal. Immediately, I made arrangements to look at them and gave the owner $100 deposit to hold them (they were not yet ready to be picked up). A few days later, we went back and picked up 4 of the cabinets that were removed. At that time, I gave her another $100 toward the balance. We mutually agreed to pay the remaining $300 when they were removed from the kitchen and available to be picked up.

She just contacted me and said someone else offered her more money for them, so she took a deposit from him and she wants me to return the cabinets I have, saying she'll refund my $200. Or, I can keep those for $200 (they're not worth $200 without the rest of the kitchen). I told her I wanted her to honor our agreement. She refuses, saying this works better for her.

We've driven more than 2 hours to view and pick up these cabinets (using at least $30 in fuel). We spent a considerable amount of time loading, unloading, and reassembling the cabinets we picked up, as they were removed incorrectly and were coming apart, doors were removed, etc. I don't feel that we should have to spend more time and money disassembling them, loading them, and returning them so she can sell them for more money. We really want the seller to honor her commitment to sell the rest of the kitchen. But she told me flat-out that someone else offered her more money and we're not getting the rest of them.

I have the email correspondence proving that we paid the $200 as a deposit on the entire kitchen, with the balance of $300 due when the others were ready to be picked up. And then another email where she said that someone offered her more money, so she did not intend to honor or agreement, but she would give us the $200 back if we returned the cabinets within 10 days.

Any ideas?

Thanks.

 

[latigo]

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

I saw a set of cabinets on Craigslist that I loved. They owner was asking only $500, which was a great deal. Immediately, I made arrangements to look at them and gave the owner $100 deposit to hold them (they were not yet ready to be picked up). A few days later, we went back and picked up 4 of the cabinets that were removed. At that time, I gave her another $100 toward the balance. We mutually agreed to pay the remaining $300 when they were removed from the kitchen and available to be picked up.

She just contacted me and said someone else offered her more money for them, so she took a deposit from him and she wants me to return the cabinets I have, saying she'll refund my $200. Or, I can keep those for $200 (they're not worth $200 without the rest of the kitchen). I told her I wanted her to honor our agreement. She refuses, saying this works better for her.

We've driven more than 2 hours to view and pick up these cabinets (using at least $30 in fuel). We spent a considerable amount of time loading, unloading, and reassembling the cabinets we picked up, as they were removed incorrectly and were coming apart, doors were removed, etc. I don't feel that we should have to spend more time and money disassembling them, loading them, and returning them so she can sell them for more money. We really want the seller to honor her commitment to sell the rest of the kitchen. But she told me flat-out that someone else offered her more money and we're not getting the rest of them.

I have the email correspondence proving that we paid the $200 as a deposit on the entire kitchen, with the balance of $300 due when the others were ready to be picked up. And then another email where she said that someone offered her more money, so she did not intend to honor or agreement, but she would give us the $200 back if we returned the cabinets within 10 days. Any ideas?

Any ideas? Yes, Mr. bemused bargain hunter. I just happen to have one.

Promptly have your attorney write the welcher a letter demanding that she comply with the purchase by making the remaining cabinets available to you at your beckon and at the stated price.

Further, that if she sells or has sold them to a third party or otherwise dispose of them, you intend to file a criminal complaint for the crime of conversion of YOUR cabinets!

When the deal was made those cabinets became your property and the fact that final payment was deferred is of no consequence with respect to the passing of ownership from her to you.

(There could be an issue as to the character of the cabinets that remained installed as being personal property or fixtures, and that the police will likely burying your complaint, but she may not think of it.)

If you are interested in knowing your civil remedies, ask and you shall receive. But I think you will find them rather impractical from the standpoint of seeking damages for the "lost" cabinets.

 

[tranquility]

Wouldn't the cabinets be "fixtures" as they are attached to the realty and require a writing signed by the party to be charged under the statute of frauds?

 

[animalfriend]

Thanks for your prompt responses and valuable insight. I would be interested in civil remedies, however impractical they may be. When we spoke today, I pointed out that she now has two deposits on the same set of cabinets, as the new buyer gave her 2/3 down. She said she no longer had a deal with me and had a new agreement with him. When I suggested we have an independent third party (i.e. a judge) review the written record of our transaction, she said something like, "You wouldn't dare. Not over $200." To which I replied it's a matter of principle.

I have a concern now that if she does feel she has to honor the agreement, the remaining cabinets will be destroyed. The ones we picked up needed some minor repairs (which we made) because they were removed improperly. But if there are hard feelings, I fear they may intentionally damage the rest. It's really a no-win.

We're not unreasonable people and may have been willing to work with her if she had explained the situation and at least offered to drive the hour to pick up the cabinets and refund the money. But instead, she demanded that we return them with no damage and no missing pieces - just so she could sell them for more money.

Thanks again.

 

[latigo]

Thanks for your prompt responses and valuable insight. I would be interested in civil remedies, however impractical they may be. When we spoke today, I pointed out that she now has two deposits on the same set of cabinets, as the new buyer gave her 2/3 down. She said she no longer had a deal with me and had a new agreement with him. When I suggested we have an independent third party (i.e. a judge) review the written record of our transaction, she said something like, "You wouldn't dare. Not over $200." To which I replied it's a matter of principle.

I have a concern now that if she does feel she has to honor the agreement, the remaining cabinets will be destroyed. The ones we picked up needed some minor repairs (which we made) because they were removed improperly. But if there are hard feelings, I fear they may intentionally damage the rest. It's really a no-win.

We're not unreasonable people and may have been willing to work with her if she had explained the situation and at least offered to drive the hour to pick up the cabinets and refund the money. But instead, she demanded that we return them with no damage and no missing pieces - just so she could sell them for more money.

Are you having difficulty understanding that if she disposes of your cabinets that she has committed a crime?

If not, then why are seemingly ignoring my advice about the demand letter? And if you don't want to pay the lawyer, write one yourself. Just don't write it in threatening terms.
_________________

However, if you are insistent on treating the matter as a civil wrong and you want to make additional 2-hour trips and spend more gas money. . . . Then sue her in replevin with an alternative plea that if she cannot deliver the remaining cabinets in like condition as when sold, judgment for their $ value.

But again in her county of residence, not yours.

Then figure out how you are going to establish the $ value of the undelivered cabinets because that burden will rest entirely on your shoulders and may require expert testimony.

You might get by with equating value to the agreed price as the owner of personal property is qualified to give an opinion of value. But I wouldn’t stick with the purchase price as criteria. I would ask for the replacement cost. After all you thought you were cutting a fat hog. It’s just unfortunate that the meat was left to spoil.

 

[OHRoadwarrior]

You have fulfilled all elements of the contract according to law. You own those cabinets. She can whine, cry, moan, groan or do anything she wishes. If she sells your cabinets, she is committing a crime.

 

[tranquility]

While we may opine this is a crime, no police officer in the country is arresting anyone here.

'This is a civil issue' is what they will say if called. Any thought of any DA in the country prosecuting this as a crime is unrealistic.