ethical question

[Anonymous-0]

Seller has an implement for sale that is "complete" but needs some work.

Buyer is 4 hours away, views photos, believes seller's description, and agrees to buy. Sends half of money as deposit.

After receiving deposit, Seller says he has looked unit over more closely and found that it needs various parts (which are missing/broke) that were not previously disclosed.

Seller has located and purchased said parts and will sell to buyer to that unit is complete when he picks it up.

What would you do?

Walk away and be out the 1/2 deposit?

Demand your money back?

Go ahead and buy the implement anyway?

 

[jose bagge]

That ad is esentiialy a contract, and could be construed as deliberately misleading. Tell him you want the implement complete with the additional parts at the orignal agreed upon price, or you want your deposit money back.

You'd have a viable small claims case otherwise- but small claims could only tell you that he owes you money, not help you collect it.

 

[greg b]

get your money back sounds like he's trying to rip you off, good luck

 

[NIndianaDan]

May not be this way everywhere, but in Indiana, the small claims courts can garnish their wages to pay you back. Works well unless they file chapter 11. Good Luck.

 

[Nancy Howell]

My first thought was this guy is a crook and has probably done this before because he already has the necessary parts. But I think you would have to evaluate the additional cost and whether or not its worth it at the higher cost. If not, definitely explain to him that his ad specifically stated the item was complete when it wasn't and he has to return your deposit. Be sure to give him a specific time frame to return the money. If you do request your money back, follow up your verbal demand with a certified letter outlining the situation, your request for the deposit to be returned and the time frame to return the funds. If the deposit was by check, can you stop payment? Personally, I would be REAL unhappy about this. If things get ugly, you might have a chat with the dist. atty. about possible fraud charges. If the guy is a crook, it could take a while to get your money back.

 

[Ray]

I've had that happen to me a lot over the years,i just call it " after the fact admissions".I can't tell you how many times i've heard after the sale,"oh,I forgot it needs this to,I just noticed a noise in the transmission,but it won't heart anything.One guy grabbed the radiator cap on a tractor and lifted the cap and the whole neck off the radiator and showed it to me saying " I just wanted to be honest.This was after i paid him for it.I've never asked for my money back,and it's always worked out so i don't say much,just kind of expect that kind of stuff.I bought a small dozer at an auction at london ohio that belonged to the auction owner.After i bought it he told me he had the original side panels for it.He did,but he wanted 100 bucks extra for them.
I told him to keep them.

 

[James Howell]

There is a contract/agreement; an offer to sell the “complete” implement ( as described by the seller ) and your acceptance of that offer to buy the “complete” implement ( as described by the seller ).

Partial consideration ( half the money ) was paid for the “complete” implement ( as described by the seller ).

Seller accepted partial consideration ( half the money ) that was paid for the “complete” implement ( as described by the seller ).

Seller has since determined implement is NOT “complete” as described in original offer.

Seller has located and purchased parts to repair implement to “complete” condition ( as described by the seller ).

Buyer did not request or authorize seller to locate and purchase parts for repair.

What would I do?

If I did not want the implement in AS IS condition ( not “complete” ), I would ask for a refund of the earnest money ( deposit ).

My acceptance to buy the implement was based on its “complete” condition as originally described by the Seller.

Seller has acknowledged implement is NOT “complete” as described in original offer.

This voids the original contract/agreement ( offer and acceptance ).

You are not obligated to fulfill the contract/agreement.

Keep in mind that if you start to negotiate a new deal, the original contract/agreement ( offer and acceptance ) is no longer in force.

If I wanted the implement in AS IS condition, I would pay the remainder of the balance owing according to the original agreement.

You are under no obligation to reimburse the Seller for parts.

If I wanted the parts purchased by the seller, I would ask for receipts and purchase whatever part(s) that I wanted.

Hope this helps and all ends well.

 

[Anonymous-0]

Here's my $0.02. As has been said, you agreed to buy the complete implement. If later the seller says it is not complete, then the transaction is null and void and he should give you your money back. Or you can try and negotiate for a lower price with the parts missing. If he doesn't give you your money back, you could walk away or sue depending on if it is worth the effort. If he is honest, he will refund your money.

He has no right to buy the missing parts and expect you to pay for the parts. What he should have done is either (1) buy the parts and throw them in for the original agreed price, or (2) do the research and let you know the location and prices. If he would have done option (2), the deal is voided and then you would go back to paragraph one above.

And I would politely ask for my money back before going the demanding route. Like I said, if he is honest, he will return you deposit.

 

[steelfronts]

I think once the piece wasnt as described its a start over . You get your money back and then its a new deal and you can take it or leave it.

 

[Sid]

"What would you do?" I'd probably kick myself for sending any money in the first place.

 

[kyplowboy]

Most of the equipment I have came from an aution, so it was bought figuring on replace'n every bearing on it. That said, if I was selling you something from across the country, got half the money, found it needed a new widget after I described it, I think the best thing for me to do is tell you about the mistake, buy a new or slightly used widget, eat the cost and give it to you when you picked up the contraption. Half the money in the mail is the same as an old fasion hand shake, it is up to the seller to make it right.

Dave