Advice please

Discussion in 'Legal' started by Andy836, Aug 12, 2018 at 6:28 PM.

  1. Andy836

    Andy836 UKBF Newcomer Free Member

    4 0
    I found out an item that turned out to be valuable. I was told by an American it was worth around $4000 and he offered me a deal which I said ok

    I find out that it's worth 10x the value and he lied to rip me off, I decide not to sell to him because of this.

    He never paid for the item, he sent me shipping money with PayPal friends and family (which isn't suppose to be for trades) and I instantly refunded the shipping money .

    He is now threatening to sue me if I don't sell him the item for damages even though he lost nothing as he paid nothing and says he's going to make my life miserable
     
    Posted: Aug 12, 2018 at 6:28 PM By: Andy836 Member since: Aug 12, 2018
    #1
  2. Gecko001

    Gecko001 UKBF Enthusiast Free Member

    2,570 401
    From what you have said, there is a valid contract and you are in breach if you do not sell at the agreed price.
     
    Posted: Aug 12, 2018 at 6:33 PM By: Gecko001 Member since: Apr 21, 2011
    #2
  3. Andy836

    Andy836 UKBF Newcomer Free Member

    4 0
    I should mention I'm not a business and all of it was over text
     
    Posted: Aug 12, 2018 at 6:37 PM By: Andy836 Member since: Aug 12, 2018
    #3
  4. Gecko001

    Gecko001 UKBF Enthusiast Free Member

    2,570 401
    It does not matter whether you are a business or not. Contracts can be verbal or in writing and they can certainly be valid by text.
     
    Posted: Aug 12, 2018 at 6:44 PM By: Gecko001 Member since: Apr 21, 2011
    #4
  5. The Byre

    The Byre UKBF Ace Free Member

    7,053 2,745
    Was this person in the US or in the UK?
     
    Posted: Aug 12, 2018 at 7:10 PM By: The Byre Member since: Aug 13, 2013
    #5
  6. Andy836

    Andy836 UKBF Newcomer Free Member

    4 0
    Hes in the US

    Also an update he has posted my full name and home address in a public chat
     
    Posted: Aug 12, 2018 at 7:17 PM By: Andy836 Member since: Aug 12, 2018
    #6
  7. Newchodge

    Newchodge UKBF Big Shot Free Member

    9,306 2,366
    I would advise the police that you have been threatened in public.

    Whether you and he have a valid contract is entirely dependent on the discussions held.
     
    Posted: Aug 12, 2018 at 7:36 PM By: Newchodge Member since: Nov 8, 2012
    #7
  8. Steven001

    Steven001 UKBF Newcomer Full Member

    21 5
    He'd be hard pressed obtaining a legal ruling in his favor to make you sell the item to him. If the agreement was made through email communication I'm not sure that this constitutes a legally binding agreement to sell the item unless you provided him with an invoice of the full amount along with details of the item.

    Personally I would stick to my guns and deny the sale, get as much money as you think you can get.
     
    Posted: Aug 12, 2018 at 8:34 PM By: Steven001 Member since: Aug 1, 2018
    #8
  9. Andy836

    Andy836 UKBF Newcomer Free Member

    4 0
    The agreement was made over a gaming text chat I gave no invoice
     
    Posted: Aug 12, 2018 at 8:38 PM By: Andy836 Member since: Aug 12, 2018
    #9
  10. Steven001

    Steven001 UKBF Newcomer Full Member

    21 5
    I wouldn't worry about it then. As long as you have refunded every penny he gave you, in reality you owe him nothing.
     
    Posted: Aug 12, 2018 at 8:55 PM By: Steven001 Member since: Aug 1, 2018
    #10
  11. The Byre

    The Byre UKBF Ace Free Member

    7,053 2,745
    1. Not checking the true value was stupid. There are more than enough sources on line and elsewhere to check the value of pretty much everything from antiques to obscure paintings or collector watches.

    2. A legally binding contract was in all probability established.

    3. To litigate for damages, there have to be actual and real damages incurred. Had you not refunded the deposit for the shipping fees, he would have had grounds to take action.

    4. Despite the fact that you broke the terms of the contract, you have made good all damages, so he would have to find other reasons to sue or other new and hitherto unlisted damages.

    5. He would also have to find a suitable lawyer in the UK, who in all probability will tell him (after taking a consultation fee) that he has to give evidence of real damages that he has incurred.

    Or to put it another way - you can tell him to **** himself (a legal term I believe!)
     
    Posted: Aug 13, 2018 at 12:01 PM By: The Byre Member since: Aug 13, 2013
    #11