Legal Advice
DarkATi
Revelation 22:17 Join Date: 2003-06-20 Member: 17532Members, Reinforced - Shadow
Revelation 22:17 Join Date: 2003-06-20 Member: 17532Members, Reinforced - Shadow
in Off-Topic
OK, this is so stupid, it shouldn't have to be legal but this guy wants to make it a legal issue so now I guess it is.
Here's the story, I'm in a band. The lead guitarist in that band was over at my house recording some licks and he picked up this old acoustic guitar I got off my friend. He said he liked it and he wanted to buy it, I said OK, I'll sell it to you for 30 bucks, thinking it wasn't worth anything, he tells me he doesn't have 30 bucks so I say, "Take it home, play it, try it out, borrow it from me for the next few weeks and when you have the money, come and see me."
Well about 6 days later I realize I don't wanna sell it anymore, so I tell him politely that I don't think I want to sell it anymore. He says, "You can't do that." I say, I'm very sorry but I just did, I don't want to sell it anymore. So he runs his mouth and I get so sick of him talking I say, fine I'll sell it to you, so long as you don't sell it or pawn it or whatever, he says OK.
Well, now a good friend of mine appraises this guitar and says it's worth about 100 dollars, so I go back to this guy and say, dude, that guit is worth more than 30 bucks, I'll sell it to you for 100, OK?
He runs his mouth and won't let me do that.
I'm ****.
He makes it legal by saying, "The sale has already been made you just haven't recieved the funds yet." I said, teh dela isn't final until I recieve funds and I can back out.
Now I don't know about this from a legal standpint but from a human being standpoint he should be a nice guy and give it back. It isn't about money, I just realized I miss this guit and want it back and now he's saying he's gonna keeping and all this BS.
So, what the crap should I do. I'm out of his **** band obviously but what about this guit, I could just let him keep it and never speak with him again but I want my guitar back.
*sigh*
Sorry I didn't spellcheck any of this, too lazy and **** off too...
~ DarkATi
Here's the story, I'm in a band. The lead guitarist in that band was over at my house recording some licks and he picked up this old acoustic guitar I got off my friend. He said he liked it and he wanted to buy it, I said OK, I'll sell it to you for 30 bucks, thinking it wasn't worth anything, he tells me he doesn't have 30 bucks so I say, "Take it home, play it, try it out, borrow it from me for the next few weeks and when you have the money, come and see me."
Well about 6 days later I realize I don't wanna sell it anymore, so I tell him politely that I don't think I want to sell it anymore. He says, "You can't do that." I say, I'm very sorry but I just did, I don't want to sell it anymore. So he runs his mouth and I get so sick of him talking I say, fine I'll sell it to you, so long as you don't sell it or pawn it or whatever, he says OK.
Well, now a good friend of mine appraises this guitar and says it's worth about 100 dollars, so I go back to this guy and say, dude, that guit is worth more than 30 bucks, I'll sell it to you for 100, OK?
He runs his mouth and won't let me do that.
I'm ****.
He makes it legal by saying, "The sale has already been made you just haven't recieved the funds yet." I said, teh dela isn't final until I recieve funds and I can back out.
Now I don't know about this from a legal standpint but from a human being standpoint he should be a nice guy and give it back. It isn't about money, I just realized I miss this guit and want it back and now he's saying he's gonna keeping and all this BS.
So, what the crap should I do. I'm out of his **** band obviously but what about this guit, I could just let him keep it and never speak with him again but I want my guitar back.
*sigh*
Sorry I didn't spellcheck any of this, too lazy and **** off too...
~ DarkATi
Comments
You only said you would sell it, you never told him that it was sold.
~ DarkATi
Normally I would laugh, but I'm not now, thanks for trying to bring some comedy into this but it ain't funny to me right now. <!--emo&:(--><img src='http://www.unknownworlds.com/forums/html//emoticons/sad.gif' border='0' style='vertical-align:middle' alt='sad.gif' /><!--endemo--> Sorry.
~ DarkATi
You said you wanted to sell the guitar. He agreed to buy it based on the terms you provided. You set the $30 value. He agreed.
You allowed him a trial basis before the purchase based on the terms you provided. He agreed.
You found someone willing (for lack of a better word) to pay $100 for the guitar. He did not agree to this.
If you're going to approach this honorably (both of you that is) either you get $30 from him and he keeps the guitar based on your established terms or he gives you back the guitar (still your property) and he keeps his $30.
The fact that you have allowed him to borrow your property doesn't make him the owner until he transfers the equal value ($30) to you.
PS: if he won't give it back you can kick his *rear*. (not really legal but then I'm no lawyer).
You said you wanted to sell the guitar. He agreed to buy it based on the terms you provided. You set the $30 value. He agreed.
You allowed him a trial basis before the purchase based on the terms you provided. He agreed.
You found someone willing (for lack of a better word) to pay $100 for the guitar. He did not agree to this.
If you're going to approach this honorably (both of you that is) either you get $30 from him and he keeps the guitar based on your established terms or he gives you back the guitar (still your property) and he keeps his $30.
The fact that you have allowed him to borrow your property doesn't make him the owner until he transfers the equal value ($30) to you.
PS: if he won't give it back you can kick his *rear*. (not really legal but then I'm no lawyer). <!--QuoteEnd--> </td></tr></table><div class='postcolor'> <!--QuoteEEnd-->
Good advice.
~ DarkATi
Remind him that a sale is not complete until the funds have been transferred, which he neglected to do. DO NOT ACCEPT ANY MONEY NO MATTER HOW HARD HE MAY PUSH AT THIS TIME. Remind him that he was borrowing it, and you have asked for it back. Then remind him that it is technically theft at this point, and offer to call the police to sort the whole matter out. Have the cellphone (and friends in case he tries something physical to get you NOT to call them, such as taking said cellphone away) ready and waiting, with your local police station's number prominently displayed.
As the sale was not completed, he may not force money on you to complete the sale. Until the time at which funds are transferred <b>and</b> goods are exchanged, the selling party may decide NOT to sell it at any time. Same with the buying party. It's technically 'bad form' for a retailer or merchant to back out of a deal after naming a price, but it is by no means illegal.
Holding another's property, on the other hand...
You're not obligated to do anything. The guitar is your, take it back. Some friend, trying to take advantage of you - who needs friends like that. Who cares if it gets messy, this friend of your has no tact anyway.
Good Luck.
I'm not a lawyer, but I'm pretty sure that the original contract of $30 could be considered void as soon as he said anything to the effect of "I don't have any money."
However, the EXACT phrasing of what you said about borrowing could have created a new one.
If you literally said "when you have the money, come see me." Then I'm pretty sure you're clear from any new contract.
Otherwise, I'm pretty sure you are in-fact bound to the deal of $30 since most places in the world have verbal contract laws for amounts less than a couple hundred dollars.
"Take it home, play it, try it out, borrow it from me for the next few weeks and when you have the money, come and see me."
IF thats what you said, you didn't make any agreement about him actually buying it, just that you would loan it to him for a few weeks, and then when he had the cash he should see you.
So I'd probably focus on that side of things. AFAIK small claims doesn't involve lawyers, just a judge of some form. Might want to see your legal advisor first tho, so he/she can tell you whats to be expected.
(oh and i'm not a lawyer, i just wanted to feel special)
And if this guy is your friend, try talking to him and showing how ridiculous of him this is. He's trying to take advantage of you for a guitar. More of a jerk than a friend. <!--emo&???--><img src='http://www.unknownworlds.com/forums/html//emoticons/confused.gif' border='0' style='vertical-align:middle' alt='confused.gif' /><!--endemo-->
That guy has no legal ground to stand on at all. . The sale is not finalised until exchange of goods has occured. Either side can decide to pull out of the deal before that point, which you have done.