Legal Question in Consumer Law in Pennsylvania
Accepted personal check for private sale of goods
I recently sold 2 pieces of furniture I had listed in the classifieds. The person paid with a personal check and asked me to hold it for 5 days before I cashed it, she would then pick up the furniture. On the 5th day I cashed the check. When I got home a message on my answering machine from the buyer tells me to hold the check longer because she might have changed her mind about buying the furniture at all. In the mean time I turned away several offers from other buyers as I considered the items sold. Didn't her check (dated 5 days before I cashed it) serve as a final purchase agreement? Do I have to refund the $. I hate to have to relist the items again, I'll be out a lot of time, effort and the cost to relist.
2 Answers from Attorneys
Re: Accepted personal check for private sale of goods
I love this answer. It's the lawyer's answer to all questions. It depends.
The transaction might have been covered by a number of laws from the Uniform Commercial Code to various banking regulations. But instead of giving you a lecture about all the laws I'll make some assumptions.
First, you are not in the business of selling such goods. You don't have a business license and this was a one-off transaction. Second that the goods were as described and you made no further promises with the purchasor. And finally, that the check has cleared your bank.
As long as the check has cleared your bank, I would instruct the purchasor as to where and when she can pick up the goods. If she no longer wants them and wants to sell them again then _she_ may do so. When she tendered payment she made a binding contract with you, subject to the assumptions above. In fact, you need not have held her check. You would have been within your right to cash it immediately as you committed to the sale when she handed it to you. If the check had bounced you would have still owed her the goods, though you would have had a claim for the bad check.
As it stands, and as you noticed, you passed up one or more opportunities to sell outside of her transaction. This had a cost for you which she has not offered to compensate you for.
If there is going to be a problem you may try to find an mutaully acceptable solution. My suggestion would be to tell her that she may either take the goods for the payment she tendered or that she may have a refund of 80% percent of her money. The 20% you retain will compensate you for the cost, time and effort of reselling those goods. This is fair, legal and entirely her choice.
Good luck and let me know how it goes.
Regards,
Roger Traversa
Arjont.com
PS - Please remember me for all your legal needs. Referrals always appreciated. RJT
Re: Accepted personal check for private sale of goods
The simplest solution here is either to retain an attorney to resolve this matter for you for a couple of hundred dollars or send here a letter telling her to pick up the items she purchased. In the event she claims she terminated the deal or has buyers remorse...to bad that will not float in a courtroom, then again she might just sue you....your best solution is tell her she can either take the furniture or in the alternative you would be willing to terminate the deal and refund her half her money. If she still decides to sue you, you can file a counter-claim against her for your out of pocket expenses and damages.
Give me a call to discuss this further.
Sincerely,
Marc V. Taiani, Esquire
412.731.0865
www.Alleghenyattorneys.com
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