buyers/sellers that DEFAULT on contract


Anybody ever had a buyer or seller DEFAULT on a deal/contract? What did you do? I recently had a DEAL/Contract (I have ALL the threads) and the seller defaulted. I plan on filing a small claims lawsuit, (pro se), against him. Any other suggestions to remedy these situations, when they happen? (I'm sure there are some lawyers among us audiophiles!) Share your similar experiences?
Happy Listening!
soundsgr8tome
Depends what you mean by "default." If you shipped the equipment and no check, or didn't clear, and he/she kept the merchadise, then I'd go to court as well. If they just agreed to a deal and backed out with out any financial consequence on your end, other than having to find another deal, then I don't think it worth the time to fool with. Just part of doing business on the net. Personally, until money or merchandise is shipped, it's not a deal IMO. However, I do feel that each party should notify the other of their intentions if they are backing out of a "verbal" deal. That is part of being honest.

I know I'll find some who will disagree, but have you ever been to a store and said, hey I like that, I'll be back and then never came back? Kind of the same in my book.

But once money or equipment is sent...that's binding.
There are five parts to a legally binding contract: Offer, Acceptance, Consideration, Legality and Capacity. If no money (the consideration) has changed hands, there is no contract. This is as I recall from Business Law in college many years ago. Kelly: Is this correct? Thanks, Don
I have a question about this topic. I think this just happened to me. The guy told me that if I wanted the item it was mine, so I told him I did and I sent the money to him. Well its been a little over a week since I sent the money and he has not contacted me or repied to any of my messages. He did give me his phone number, which I haven't tried yet, but was planning to shortly. I really don't know what to do, what if the number he sent me isn't really his and he's just going to keep the money. Can someone please help me?
Lee, many sellors verify funds before they will ship, including money orders which sometimes have bogus origination. Recheck your sellors payment terms (10 day hold?). There are stop payment options to checks & m.o. if you think you're in a rip off situation. I'd try emailing again, but use your return/read receipt option on your emails to verify whether the sellor is reading them or they are lost in cyberspace (or he just is on vacation/etc).
Soundsgr8tome, I'd recommend that you look through many of the older threads under misc audio or site related for a myriad of ideas over time. It should prove useful. Good luck to you -