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Old 09-14-2009, 03:03 PM
 
33 posts, read 58,513 times
Reputation: 26

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Hi all,

I'm posting this, hoping to get some valuable information/insights and would appreciate your suggestions.

I was looking for a dining set for months and found a nice set posted on craigslist in the evening of labor day. I contacted the person over phone and indicated that, I would like to buy the set but it would not be possible for me to come n pay that day itself because it was already 7 pm or so. Also, we did not have truck to carry the table so, I really wanted them to hold it for me till tomorrow morning. The seller said it won't be possible for her to hold the item, if somebody comes and get it tomorrow morning. They were fine with us coming late at their place. We decided that we should go and pay her the deposit the same night and then we can arrange pick-up in the weekend. The place was approx 20 miles from our place and we reached at their place around 9 pm. We liked the set and paid them cash $60 for a $100 total price. We told them that we would arrange pick-up in the weekend and they were fine with it. We left the place and came back home safely.

Now the second part of the story, on Friday we get a call from the lady that she has been emailing us since the day after our deal(from tuesday) to pick-up the table and also left a message on my cell. Because she has not heard back from us so, now she will sell it to somebody else and our money/deposit would be non-refundable. Please keep in mind here that we never had any communication through email and she must be sending her emails to somebody else. We told her that we did not receive any email but she couldn't be convinced and more than that, we told her that we had talked about picking it up in the weekend and she was fine with it at that time so, we didn't actually care about calling her during the week. When I checked my voice mail, I did have one message from her on Tuesady but I retrieved this message only on Friday. At last, my husband said that we can come n pick it up next day(saturday) as this conversation happened friday night. They said they are out on saturday and so if we don't pick it up by sunday 9 am then they will sell it to the perosn, who's coming @ 1o am and again... our money is non-refundable. Anyway, we ended our conversation with the plan that we would pick it up @ 9 am on sunday.

Now, saturday afternoon, I get a call that she has sold it to somebody else and all the excuses that.... each chair was so expansive, when she bought it.....and things like that. We were in a store at that time and our phone disconnected. We came out of the store and tried to call her back but she did not answer. We left a message saying that, we are fine if somebody is paying more and if she wanted to sell it to somebody else but we want our money back. Later received a text message that 'we can deal with wright county courthouse'.

What should we do now? Is our money really non-refundable? We've no record of what we paid except the voice message, where she said that our deposit would be non-refundable.
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Old 09-14-2009, 03:10 PM
 
Location: 44.9800° N, 93.2636° W
2,654 posts, read 5,200,579 times
Reputation: 879
short answer: unfortunately there is probably nothing you can do about this.
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Old 09-14-2009, 05:32 PM
 
321 posts, read 953,008 times
Reputation: 455
Maybe small claims court? That might end up being more hassle and money than it solves, though. :-(
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Old 09-14-2009, 06:46 PM
 
207 posts, read 689,946 times
Reputation: 49
Sorry to hear that this happened to you. I've had many good experiences buying/selling through Craigslist, but I guess there are some people out there who just want to take advantage of others. Of course it's not "non-refundable" -- that's her way of manipulating you into thinking you don't have a right to ask for your money back. You do have that right, and she is wrong to be taking your money and selling the furniture to someone else, but at the end of the day you can't force her to give it back. You could probably win a claim against her in small claims court, but this probably wouldn't be worth the headache. You could tell her that you've called the police and will be filing a claim against her and that she should just give you back your money. I hate to say it, but clearly she takes you for a sucker.

Next time this is what I would do: if a person is not willing to hold an item for you without a deposit, then don't deal with them. Part of what I like about Craigslist is dealing with decent people. If they tell me it's "first come, first served" even if I'm telling them that I'm on my way there right now, then they aren't the right people to deal with and the transaction is better off not happening. You can always find another table or chair or what have you. Better than getting burned like this.

Good luck with everything!

Sabine

Quote:
Originally Posted by sunsoul View Post
Hi all,

I'm posting this, hoping to get some valuable information/insights and would appreciate your suggestions.

I was looking for a dining set for months and found a nice set posted on craigslist in the evening of labor day. I contacted the person over phone and indicated that, I would like to buy the set but it would not be possible for me to come n pay that day itself because it was already 7 pm or so. Also, we did not have truck to carry the table so, I really wanted them to hold it for me till tomorrow morning. The seller said it won't be possible for her to hold the item, if somebody comes and get it tomorrow morning. They were fine with us coming late at their place. We decided that we should go and pay her the deposit the same night and then we can arrange pick-up in the weekend. The place was approx 20 miles from our place and we reached at their place around 9 pm. We liked the set and paid them cash $60 for a $100 total price. We told them that we would arrange pick-up in the weekend and they were fine with it. We left the place and came back home safely.

Now the second part of the story, on Friday we get a call from the lady that she has been emailing us since the day after our deal(from tuesday) to pick-up the table and also left a message on my cell. Because she has not heard back from us so, now she will sell it to somebody else and our money/deposit would be non-refundable. Please keep in mind here that we never had any communication through email and she must be sending her emails to somebody else. We told her that we did not receive any email but she couldn't be convinced and more than that, we told her that we had talked about picking it up in the weekend and she was fine with it at that time so, we didn't actually care about calling her during the week. When I checked my voice mail, I did have one message from her on Tuesady but I retrieved this message only on Friday. At last, my husband said that we can come n pick it up next day(saturday) as this conversation happened friday night. They said they are out on saturday and so if we don't pick it up by sunday 9 am then they will sell it to the perosn, who's coming @ 1o am and again... our money is non-refundable. Anyway, we ended our conversation with the plan that we would pick it up @ 9 am on sunday.

Now, saturday afternoon, I get a call that she has sold it to somebody else and all the excuses that.... each chair was so expansive, when she bought it.....and things like that. We were in a store at that time and our phone disconnected. We came out of the store and tried to call her back but she did not answer. We left a message saying that, we are fine if somebody is paying more and if she wanted to sell it to somebody else but we want our money back. Later received a text message that 'we can deal with wright county courthouse'.

What should we do now? Is our money really non-refundable? We've no record of what we paid except the voice message, where she said that our deposit would be non-refundable.
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Old 09-14-2009, 07:56 PM
 
1,111 posts, read 4,279,120 times
Reputation: 802
Sorry to say, but you might as well take it as a loss and lessons learned. For $60, not sure if it's worth going to court, even if it's small claims. And even so, it would probably be your word against theirs. Honestly, you were too trustworthy. If you left a deposit, then you should've drafted a quick note and asked them to sign it saying that they agree to sell it to you and amount of deposit left. Might just be me, but I don't trust people that openly.
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