A couple posted an ad online to sell a kitchen,
My wife and I went and made an initial offer of $1000, set a time to get them out, which was 6 days away, with the condition I'm able to buy additional cabinets, as the kitchen they owned did not have enough cabinets for our kitchen.
We went to try to find cabinets using pictures we took the first trip, but it was difficult due to the lighting from various pictures, so the next day my brother and I went back, took some more measurements and asked if we could get a drawer and a cabinet drawer as this clearly showed the grain, color, and style. With the understanding that if we did not wish to purchase the cabinets or the kitchen, we would return them. We readily agreed. We found a match after much effort (2 days and numerous trips to stores and online searches and probably 20 hours invested ) and contacted the seller to arrange delivery of the rest of kitchen and complete the sale. They informed me that they had entered into a contract
with someone else a day earlier and demanded their cabinets back, I refused telling them that these cabinets I posses are evidence that supports my contention that we had a legitimate oral agreement. The issue I have before proceeding with civil case is,
A. Both of my witnesses, that are privy to parts of the details are not impartial, one is my wife, one is my brother.
B. No money exchanged hands as the sale was dependent upon me finding more cabinets.
C. Although a delivery date was set, (when the cabinets needed to be out of the house) so was a timeline when I needed to get back to them and let them know, which they themselves ignored and sold it prior to that date to someone else.
D. When I first contacted to arrange the pickup, they stated that they wanted $500 more, then when I protested, they informed me that someone else wanted them if I didn't, and that they wanted to sell it to them, finally they admitted they had a contract and felt like they had to sell it to him.
E. They demanded I return the cabinets, I refused, stating I felt like this was evidence and an Important part of my case as it shows a clear intent by both parties, they called the police to try to get them involved, in response only to be told its a civil matter.
Through text messages, I can prove that she was deceptive and less than forthright after the fact, which may be a factor that lends credibility to my cause. All of our face to face conversations took place between her and her partner.