Contract Fraud and Theft??

[ksloan126]

I currently purchased a Sofa from a "friend" of ours. I paid her the $500.00, and said I could pick it up on the weekend.
She wrote out a contract/receipt for the payment of the Sofa.
It states "Sofa and ottoman must be picked up by 12/22/08, or this receipt is null and void and there will be no refund or delivery of the sofa".
"In case of emergency and the buyer is not able to pick up the sofa due to fire, buglary, etc then the full $500.00 will be re-imbursed to her no later than 12/22/08."

My understanding of this, was that I am able to get a refund before then 22nd, and if I don't pick it up by the 22nd then I'm out the money.


I asked her for a Refund because it is before the stated date of 12/22/08, and she will not cooperate or pick up my phone calls. She will only respond in emails saying that if I don't pick it up by Monday the 22nd I am out my money.

Can she do this? Don't I get my refund if it is before the stated date of 12/22/08?

 

[Michael Wechsler]

My understanding of this, was that I am able to get a refund before then 22nd, and if I don't pick it up by the 22nd then I'm out the money.

Your understanding of what she is trying to say is wrong. She'll only give you back your money if you can't pick up the sofa due to an "emergency."

I asked her for a Refund because it is before the stated date of 12/22/08, and she will not cooperate or pick up my phone calls. She will only respond in emails saying that if I don't pick it up by Monday the 22nd I am out my money. Can she do this? Don't I get my refund if it is before the stated date of 12/22/08?

From my understanding, the contract may against public policy if she can't show why the $500 isn't refundable, e.g. it will cost her $500 in storage fees before disposal, etc. Essentially, she is hoping to get a windfall from this - if you don't pick up the sofa, she gets to keep all the money.

If this was me, I'd say that I investigated my legal rights and was told I have a right to sue for my money and damages in court and I'm going to file if I can't resolve this situation within the next 3 days. Your "damages" might just be the filing costs, at best, and my guess is that you should be able to get back your money or some reasonable portion. But why you agreed to this... I don't know. Best of luck.

 

[ahurlbert]

Did you sign this supposed receipt? Terms laid out AFTER you paid I would think are not enforceable, unless you signed.