• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Out the Money +

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

R

RubyMAE

Guest
Florida
I sold a washer & dryer which had been in storage for 10 mos. They had been in perfect running order previously but I could not guarantee present condition. When the buyers got them home, the washer didn't work. I agreed to take back the W/D and give a full refund OR I would have the washer fixed at my expense. The buyers chose the latter but simultaneously stopped payment on their check to me. I arranged for a repairman to assess the work needed and he was to call me prior to the start of any repairs. Instead, the buyer authorized the repairs, then paid the service company. The buyer called me and said they would issue a check for the difference but I never received it. Instead, they decided they didn't want to keep the W/D, wanted me to accept the W/D back, and issue them a check for the repairs (that I didn't authorize). Now I'm out the money and the W/D. Could they legally stop payment on a check based on the agreement we made and prior to knowing the extent and cost of repairs? Am I within my legal rights to demand payment and take them to small claims court(if necessary)? Or can they sue me for damaged goods?

[Edited by RubyMAE on 07-07-2001 at 01:13 PM]
 


JETX

Senior Member
It would really help if you told us what state you are in, but since this is such a blatant example of injustice, the response will be the same everywhere.

Take the dolts to court. Sue them in Small Claims and get either the original purchase price (without allowance for THEIR decision to repair), or get the money back that you reimbursed them for the unauthorized repair, whichever is greater.

One question though; Why, Why, Why did you give them the money for their unauthorized repair when they returned the W/D???? By doing that you immediately allowed yourself to be put in a 'negative' cash situation.
 
R

RubyMAE

Guest
I reside in Florida and have edited same. Thanks.
To clarify, I never reimbursed the buyers for the repairs they authorized and paid for. That's what they demanded and I refused. However, since they've decided they no longer want the W/D, they will not return them to me unless I agree to their complete terms which is to reimburse them for complete repair work. I do feel it only fair I reimburse them the $45 for a service call though. I would have had to pay that anyway. Herein lies the problem as they stopped payment on their original check, refuse to give me another check for the difference, and refuse to return my W/D even if I reimbursed them $45 for the service call. I feel I'm being fair and they think I'm the nutty one.

[Edited by RubyMAE on 07-07-2001 at 04:15 PM]
 

JETX

Senior Member
Who cares what they think?? At this point, they have both YOUR property AND the money!!

Here is your 'legal bullet':
Florida Code, Title XLVI, Chapter 832 (Violations Involving Checks And Drafts), reads:
"832.041 Stopping payment with intent to defraud.--
(1) Whoever, with intent to defraud any person shall, in person or by agent, make, draw, utter, deliver, or give any check, draft, or written order for the payment of money upon any bank, person, or corporation and secure from such person goods or services for or on account of such check, draft, or
written order, whether such goods or services are valued at the amount of such check, draft, or written order or at a greater or lesser value, and who shall, pursuant to and in furtherance of such intent to defraud, stop payment on such check, draft, or written order, shall be deemed to be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the value of the goods or services secured for or on account of such check, draft, or written order is $150 or more; and if the value of the goods or services secured for or on account of such check, draft, or written order is less than $150, he or she shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) This section shall be taken to be cumulative and shall not be construed to repeal any other statute now in effect."

Additionally, there is the 'theft' issue:
Florida Code, Title XLVI,Chapter 812 (Theft, Robbery, And Related Crimes):
"812.014 Theft.--
(1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit from the property.
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.

Continuing:
"(d) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is valued at $100 or more, but less than $300, and is taken from a dwelling as defined in s. 810.011(2) or from the unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
(e) Except as provided in paragraph (d), if the property stolen is valued at $100 or more, but less than $300, the offender commits petit theft of the first degree, punishable as a misdemeanor of the first degree, as provided in s. 775.082 or s. 775.083.
(3)(a) Theft of any property not specified in subsection (2) is petit theft of the second degree and a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and as provided in subsection (5), as applicable."


Simply, this means that the 'buyers' can be charged with Fraud (a FELONY if the amount of the 'stop pay' was more than $150, and a 2nd degree miscemeanor if less than $150) and with Theft [severity based on value of item(s)].

I would suggest that you contact them and tell them that they have the following options:
1) They can keep the washer and dryer and continue to refuse to pay for them. If they chose this option, you will file a complaint with the police (theft and fraud) and prosecute them.
OR
2) They can keep the washer and dryer and pay you the FULL amount that they agreed to (the purchase price). (Any decision that YOU make as to refunding any of their repair cost would purely be from your kindness and fair-play.)
OR
3) They can return the washer and dryer to you (in good condition). Again, I would NOT reimburse their repairs.

Sounds to me like they brought a knife to a gunfight. Now, it is your turn to decide how 'nice' you want to be.

 
R

RubyMAE

Guest
Well, they say knowledge is power but you just armed me with two loaded shotguns and a cannon too! How can I lose? Thank you, thank you, thank you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top