Unbelievable Request from a Baord Member.

[68 Suburban]

Originally Posted by moneyguru

Do you want to know what is legal, or what I think is right?

Legal - unless both parties agreed that it was a non-refundable deposit, the deposit should be returned. He might be able to take you to small claims court to get the $100.

What would I do - Keep the $100, allow him one last chance to either buy the heads, or he finds someone to buy them from you.

Not a deposit, first payment. Legally, he did not abide by the contract he commited too. If you bought a car, made a down payment and 9 months later, wanted your down payment back, would you be entitled to it?

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. His first payment was his commitment to carry through with his contract to purchase.

[90\87Formula]

Give him back half and just call it a lesson learned by both of you.

[RON WOODGEARD]

Originally Posted by 68 Suburban

Not a deposit, first payment. Legally, he did not abide by the contract he commited too. If you bought a car, made a down payment and 9 months later, wanted your down payment back, would you be entitled to it?

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. His first payment was his commitment to carry through with his contract to purchase.

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.

[68 Suburban]

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?

[4props]

Tell him you will send him his $100 in about nine months because your a little strapped for cash.

[Pilgrim]

$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,

[70CST1]

Send It Back To Him !!!! A Penny A Month Let Him Wait Like You Had Too!!!!

[RON WOODGEARD]

Originally Posted by 68 Suburban

http://public.findlaw.com/newcontent...h9/st5/tl.html

Ron, you said you had to re-think your layaway pollicy? Are you referring as a business or and individual?

Totally as a business Chris,

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..

[Randy70C-10]

Originally Posted by 4props

Tell him you will send him his $100 in about nine months because your a little strapped for cash.

That's the best idea I've seen so far.

[jorgensensc]

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

[68 Suburban]

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.

[moneyguru]

Originally Posted by 68 Suburban

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.

I am personally going to match your $50 donation to the American Cancer Society, it's a GREAT cause. I urge every board member that can to also match your donation.

I wonder how much we can raise.

[Rdrdave]

(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

[franko72]

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.

[Project1970]

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.

[COBALT]

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.

[Blue4x4]

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.