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I'm out $400 and I don't have the product

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#1
Utah - I went to a yard sale that I saw online. I paid $400 for a shed. Seller indicated that this shed would be easy to take apart. I left so that I could talk to a friend about moving the shed to my home. He said it is NOT easy to take apart and would need to be moved intact. I contacted a moving company and they looked at my property...there was no way to get the shed into my backyard. I went back to the seller's home less than one hour later to basically beg for my money back. She said that she had turned down a "dozen" people in that hour. She said she would keep it online as available and if someone else bought it she would return my $400. She also said that if it didn't sell she would split the difference with me. She was moving out of the home and needed everything gone by 3:00 pm the following day. I kept in contact with her constantly. I figured worst case scenario is that I would lose $200. Now she is saying that she had to pay $385 to have someone tear the shed down and she threw it away. She is not the owner of the property anymore and the shed is gone. If I had known that she wouldn't keep her word on the $200 I would've torn the thing down myself to at least have the property I paid for. I'm thinking about filing a police report today so that it will be documented. Do I have a case for a civil suit? Or am I out $400 with no product?
 


Whoops2u

Well-known member
#2
Do I have a case for a civil suit? Or am I out $400 with no product?
A "case"? Probably. Depending on exact facts, you could make out some case that you reasonably relied on the seller's representation it was easy to take apart and that reliance caused you damages. That is going to be a very difficult case to win as it is easier to come up with reasons why you should lose than reasons why you should win.

The discussion of the split afterwords might also be useful if you gave something up (Like removing the shed.) in return for the agreement to split. But, you didn't give anything up so an agreement to split the amount does not seem to rise to a contract.

While you have no product, the product was tendered to you when you had the right to take it.

I think you are out $400.
 
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Dandy Don

Senior Member
#3
Do you have any documentation to show (did you pay by check or by cash--is anything written, such as a receipt?) this transaction?

Do you or the moving company have a picture of the shed and/or the dimensions/measurements of it?

Do you have (or would you be able to get) a copy of the online ad?

Please go ahead and file the police report .
 
#4
Do you have any documentation to show (did you pay by check or by cash--is anything written, such as a receipt?) this transaction?

Do you or the moving company have a picture of the shed and/or the dimensions/measurements of it?

Do you have (or would you be able to get) a copy of the online ad?

Please go ahead and file the police report .
I paid cash. But I took pictures of the shed and noted the size plus took pictures that it is now gone. I have all of the text messages and the facebook messages as well.
 

Dandy Don

Senior Member
#5
Then go to small claims court and prove/explain your case.

Before going to court, look up her street address on county property/land records online or look up her name in the county court records to see if there has been any previous filing of court cases against her, just for your information.
 
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