![]() |
Register or Log In To remove these advertisements. |
|
|
![]() |
|
Thread Tools | Display Modes |
![]() |
#76 | |
Registered User
Join Date: Oct 2000
Location: From Chicago, Live in Phoenix, AZ
Posts: 6,802
|
Quote:
Lets assume it was a deposit. At what point did he forfeit any right to a deposit, assuming he had a legal right to the deposit back. He violated his contract by not doing what he agreed upon. He never kept communitcation up? At what point does he lose his right to a "deposit" 6 months, 9 months, 1 year, 5 years? Please, bring on Judge Judy :p He is in violation of his contract with me. I am still doing everything I promised to do. No judge in the world would rule in this guys favor. ![]()
__________________
Just sitting here contemplating contemplation. Last edited by 68 Suburban; 05-17-2004 at 02:35 AM. |
|
![]() |
![]() |
![]() |
#77 |
Registered User
Join Date: Oct 2000
Location: Abilene Texas
Posts: 1,756
|
Give him back half and just call it a lesson learned by both of you.
__________________
Robert Member 1532 |
![]() |
![]() |
![]() |
#78 | |
Resident Young Old Dude !
Join Date: Jul 2001
Location: Nevada
Posts: 1,948
|
Quote:
Chris, Buying a car is in no way the same thing as this, When you make a purchase, yes you agree to make a so stated amount of payments to the seller, BUT, you take immediate posession of the merchandise, then if you renig on the contract, the seller has the right to reposess his property,, When you give someone money for merchandise, and the seller Keeps the merchandise until the buyer pays the total amount agreed upon for such said merchandise, Then it's a Law-away.. Because you still have physical possession of such said merchandise to sell. People all over America put things on lay-away every day and decide against the purchase at a later date, or come into a financial situation that disables them from buying the merchandise, and They are entitled to the amount of money they put down on the lay-away. Unless there is a stipulation in the beginning in writing, that a certain amount will be forfitted for re-stocking fees, or paperwork fees etc. I researched the laws, and changed my Lay-away policies after a very similar situation.. Check the AZ. state law. But it's not going to be a legal matter here unless the guy that gave you the money lives in AZ. He would have to go to AZ. Small Claims court to file a claim, and it wouldn't be worth it to travel to do it. |
|
![]() |
![]() |
![]() |
#79 |
Registered User
Join Date: Oct 2000
Location: From Chicago, Live in Phoenix, AZ
Posts: 6,802
|
http://public.findlaw.com/newcontent...h9/st5/tl.html
A breach of contract - also called a default - is one party's failure, without a legally valid excuse, to live up to any of his or her responsibilities under a contract. A breach can occur by: failure to perform as promised; making it impossible for the other party to perform; repudiation of the contract (announcing an intent not to perform). What qualifies as a failure to perform? One party must not have performed a material part of the contract by a reasonable (or stated) deadline. Suppose your friend promised to buy your Yugo for $1,000, and to pay you "sometime early next week." It would be a material breach for your friend never to pay you, or to pay you six months later. If your friend paid you on Thursday of next week, however, it probably would not be a breach. You did not explicitly make time an essential part of the contract - the source of the phrase "time is of the essence." Layaway laws set up for business, and how individuals conduct a contracts are two very different things. Even if this was considered layaway like a business would conduct, the 7 months of non-action from the purchaser, would negate any claim he might have for any type of refund. He did not perform as agreed. He did not make timely payments as agreed, nor did he request a refund in any timely manner. Ron, you said you had to re-think your layaway pollicy? Are you referring as a business or and individual?
__________________
Just sitting here contemplating contemplation. Last edited by 68 Suburban; 05-17-2004 at 10:52 AM. |
![]() |
![]() |
![]() |
#80 |
Registered User
Join Date: Apr 2003
Location: Greenville, Texas
Posts: 26
|
Tell him you will send him his $100 in about nine months because your a little strapped for cash.
__________________
1971 Cheyenne |
![]() |
![]() |
![]() |
#81 |
Registered User
Join Date: Mar 2003
Location: Crescent City, FL
Posts: 492
|
$100 will buy 12+ six packs of Sam Adams Light. By the time you get through them, you will have forgotten all about him.
Still looking for two more 67-68 hubcaps with the red bow tie like you sold me a few weeks ago. They were good. Can I arrange a time payment plan..... ![]() Thanks,
__________________
Bob 68 C20 Camper Special Last edited by Pilgrim; 05-17-2004 at 06:46 PM. Reason: forgot comment |
![]() |
![]() |
![]() |
#82 |
Registered User
Join Date: Apr 2003
Location: south central kentucky
Posts: 444
|
Send It Back To Him !!!! A Penny A Month Let Him Wait Like You Had Too!!!!
|
![]() |
![]() |
![]() |
#83 | |
Resident Young Old Dude !
Join Date: Jul 2001
Location: Nevada
Posts: 1,948
|
Quote:
I had a jewelery store in Pahrump for 6 years, And I still do Jewelery and Clock repair , Now At home, (But still with a business license,) part time, For my Toy money.. |
|
![]() |
![]() |
![]() |
#84 | |
Account Suspended
Join Date: Mar 2001
Location: Virginia Beach, Va. U.S.A.
Posts: 15,320
|
Quote:
![]() |
|
![]() |
![]() |
![]() |
#85 |
Registered User
Join Date: Jul 2003
Location: Cypress, Tx
Posts: 4,005
|
I'll buy the heads for 300.00, but only if I can pay you 100.00 a month over the course of the next 27 months, in 9 month intervals. And if I miss a payment feel free to keep my money I sent you. Do we have a deal?
![]() Shawn
__________________
1972 C20 Suburban- Big Blue Betty '56 Chevy Bel Air Sedan- Frame up Restoration -What would you attempt to achieve if you knew you could not fail?- -I Refuse To Tiptoe Through Life, Only To Arrive Safely At Death's Door- R.I.P. EAST SIDE LOW LIFE |
![]() |
![]() |
![]() |
#86 |
Registered User
Join Date: Oct 2000
Location: From Chicago, Live in Phoenix, AZ
Posts: 6,802
|
Well it is nearly 3 weeks and I have not heard back from this person.
I have decided to take the $100 and donate $50 to The American Cancer Society and the other $50 to The Josha Tree Fund for People Living with Aids.
__________________
Just sitting here contemplating contemplation. |
![]() |
![]() |
![]() |
#87 | |
Registered User
Join Date: Oct 2002
Location: kalamazoo, mi
Posts: 397
|
Quote:
I wonder how much we can raise. |
|
![]() |
![]() |
![]() |
#88 |
Broke and still trying
Join Date: Apr 2003
Location: Alameda, CA
Posts: 562
|
(Not to hicjack you're thread) I'd love to but I'm doing this other charity at this current time. Her'e a bit of what it is all about.
I'm headed down the home stretch to the AIDS LifeCycle 3 ride. It is a 585 mile ride that I will be participating as a Road Crew member (Roadie). It is from June 6-12 from San Francisco to Los Angeles. I look forward to participating in this ride and to do what I can to support the San Francisco AIDS Foundation. I've lost close friends as many others have, and have always thought how can I help. I just "never have enough time" or thought "I don't have much to give". Well, after many years of thinking and making excuses, I've decided to do something. You can help too. Again, I ask you to please help support this cause with a donation of your choosing. It doesn't have to be a large donation, every little helps. I am sending this reminder to everyone so that I can raise as much money as I possibly can. I appreciate all the support and encouragement everyone has given me. Many thanks to those that have given and I encourage those that have yet to do so. Go ahead and click on the donation button on my website ( http://www.aidslifecycle.org/9240 ) and make a donation. We can't keep hoping someone else will fix a worldwide problem. We don't want our children to have to continue our fight. Thank you, David Paniagua Roadie #9240 "You must be the change You wish to see in the world." Mahatma Gandhi |
![]() |
![]() |
![]() |
#89 |
Franko72
Join Date: May 2004
Location: Cincinnati,Ohio
Posts: 471
|
A man who does not honor his word is no better than a terd!Deposit forfitted!If he was in a coma or something that would be different. Being irresponsible doesnt count.
__________________
![]() 1972 C20 cheyenne Super 402 BB/400 turbo LWB A/C Tilt, Cruise Control, Saddle tanks, Tach My Home Page Better to burn out than it is to rust |
![]() |
![]() |
![]() |
#90 |
14.1 @ 96MPH
Join Date: Jul 2001
Location: Mesa, AZ
Posts: 2,811
|
Good turnaround with the money. I can't say I'd be so selfless with it
![]() Regarding the legality...court fees are awfully high compared to $100, and I'm willing to bet most courts would side with Chris. The legality of keeping it may be debatable; not being a lawyer I'm not going to debate! $400 is a great deal for Vortecs + intake, if you ask me.
__________________
Project1970 - LS1 Swap Complete! ![]() |
![]() |
![]() |
![]() |
#91 |
Senior Member
![]() Join Date: Sep 2001
Location: Seattle, WA, USA
Posts: 5,817
|
Turn it into 10,000 pennies and send him 7 per week for the next 1428 weeks (one for every day - the last week he can have 4 extra pennies as a bonus). That'll take you about 27 1/2 years to complete.
Don't worry though. You'll probably make him so mad in the first couple of months he'll ask you to stop sending pennies.
__________________
'69 3/4 ton C20 2wd-350ci/TH400 '69 3/4 ton Custom 20 2wd-350ci/4sp Manual '99 2wd 5.7 Chevy Tahoe Seattle, WA. |
![]() |
![]() |
![]() |
#92 |
Senior Member
![]() Join Date: Mar 2003
Location: Sparks, NV
Posts: 790
|
Sounds like he made the payment agreement and is now breaking it. I'd send him 1 last payment notice to pay in full. If he still wants to out of the deal then keep his $$$$ until you sell the heads.Give him the difference in money lost minus money order fees.You will feel better after the deal is done.
|
![]() |
![]() |
![]() |
Bookmarks |
Thread Tools | |
Display Modes | |
|
|