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rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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I proposed the sale of a bed and an a/c unit to a ...

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I proposed the sale of a bed and an a/c unit to a former Lessor. In a series of emails, he agreed to take possession of the items in the unit (as they were already there) and confirmed my ask price. Six months later he still has not paid and the current tenant is using the bed. He gave back the a/c unit but claimed we never had an agreement so he won''t fulfill his obligation. I still have the emails in which he indicated we''d "work out" the agreement (in reference to payment). I was asking $1,000 for the bed, he said he''d give me $200 and that if I wanted to sue him it''d be a waste of time. I''ve already notified him I''m within my rights to take him to court for renegging on the contract. Do I have a valid claim for court or does he?


He has a defense to your claim. A valid contract must include the identity of the item and the price at very least. The statement "we'll work it out" does NOT satisfy the price requirement I'm afraid. At this point there is no enforceable contract. You have a demand of $1,000 and a counter offer of 200 which you have not accepted.

Because there is no contract, the bed is still your property and you could sue for its return. Problem: small claims court doesn't have the power to award the return of property...only money damages in a case like yours. You would have to sue in NYC Civil Court and would need an attorney.


Rich NYC attorney

This is information only, NOT legal advice. No attorney-client relationship has been created.


Customer: replied 9 years ago.
Reply to rvlaw's Post: The email chains specificy the original transaction was to include the bed and a/c, he even confirmed the price. one email stated to "leave the bed and a/c and we'll work it out" while another one address the return of my security deposit and the "$1300 (the original sale amount) for the bed and the a/c". how does that not constitute an agreement? changed the facts :-) never mentioned that email!

The $1,300 email provides the agreement on price. Bring the action



This is information only, NOT legal advice. No attorney-client relationship has been created.


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Customer: replied 9 years ago.
i'm sorry, one more question - after i wrote him to tell him i can take him to small claims, he began cc'ing someone whom he indicated was a lawyer. should i be concerned with that or is that just a scare tactic?

A very common scare tactic........ignore it.