Made a noob mistake...Ugh I know better!!!

[s.weir]

Hey,

So I put a down deposit on a machine almost a month ago and the guy just got around to sending me a receipt the other day...This is where my week became very stressful.  Turns out he thought we had agreed on a considerably high price then we did and neither of us have recorded messages to prove either way ( I don't know how we managed that since we dealt all by email).  Anyhow to make a long story short after a couple of semi heated emails that his partner and him have sent me (I am not sure why they are being so aggressive, I have been polite and have tried to be very apologetic and understanding, even though i might get screwed over here) they have sent me this:

I have double checked my records and have not found any record of agreeing to sell

you the machine for $1500.00 or for selling you two machines for $3000.00. I have

also confirmed with Justin that the two of you had verbally agreed to the price of

$1900.00 with a $400.00 deposit. Like Justin and I have said all along unless you

can produce some type of document that states we agreed to a different price I am

afraid I have to honor the agreement of $1900.00 for the machine. Which is a fair

price for this type of vending machine.

We have had interest in this machine from other sources. In fact we had to decline a

second party from viewing the machine the same day you viewed the machine because we

accepted your offer of $1900.00.

I believe we have addressed your concern of any miscommunication over this issue.

Please advise us of how you would like to proceed.

If you would like to renegotiate we may be willing to hear a new reasonable offer.

Let us know by Saturday June 5th how you would like to proceed. If we do not hear

from you honoring the original deal of $1900.00 with a $400.00 deposit or a new

reasonable offer. We will keep the deposit and repost the machine for sale.

This is a Seaga HF 2500 machine...They aren't that great!  We had agreed to $1500 with $400 of that paid as a down deposit immediately after agreeing, however I should have gotten a written agreement there.  Now I am just hoping to get my deposit back, but I doubt I will.  I even caved a little saying that they could keep $100 as a "inconvenience fee" in hopes they will be decent enough to refund the rest.

This sucks.  I should have had them do even a written agreement at the time so I had proof, now I am stuck between a rock and a hard place. 

[alyssamma]

The important thing is that you learned from this and won't do it again. Hang in there, this might be a blessing in disguise.

Kevin

[lurtsman]

You are dealing with thieves. Remember in your dealings that these people intended to steal from you. If you get a chance to take your money back, it doesn't matter what they have to deal with. They deserve to be locked up in jail. This is the problem with deposits. I refuse to give a deposit that isn't via credit card/paypal because I need to know I can contest and take the money back without having to commit a crime myself. I've witnessed my parents nearly get taken for a ride a few times because they thought it was a good idea to put a deposit down. Deposits are bad because they give the seller an enormous amount of leverage since they can easily steal from you--as you've witnessed first hand. IMO the ideal situation would be to inspect the machine, and remove a very expensive part. You can inform them that you confirmed with yourself that the agreement with justin was not 1900, and until they return your money you will be unable to return the piece you already purchased.

Let them try to sue you (small claims), it puts them in hot water explaining why you would do take a piece if they didn't try to change the price. It also reminds you to get clear documentation of the price. Justin is either a liar, or incompetent. The first is vastly more likely.

[sherlock]

The deposit + $1500 you thought was the purchase price equals $1900

Assuming good intentions on both sides...

- You meant to pay $1500 for the machine with a $400 deposit towards that figure. Leaving you a $1100 balance.

- The seller understood you were paying a $400 deposit then $1500 to finish the purchase. Totaling the $1900 they are demanding.

I can see where the confusion may have happened.

It is possible this was an honest misunderstanding because each of you thought the deposit was being applied differently.

THIS IS THE KEY PART OF THE SELLERS EMAIL:

If you would like to renegotiate we may be willing to hear a new reasonable offer.

Since you thought you were paying $1500 and he though he was getting $1900.

Split the difference and offer $1700.

His email invited you to make a reasonable offer --- I think splitting the difference is as reasonable as you can get.

His inviting you to make a new offer really leads me to believe this was all an HONEST mistake.

Hopefully he takes the $1700.

The extra $200 is not a bad price to pay for a lesson learned the hard way.

We've all learned lessons that impact our wallet.

$200 is CHEAP compared to some of those other lessons life teaches us.

[mizugori]

I agree with Sherlock that your best move here is to see if you can get them for 1700.

HOWEVER, keeping the deposit is a real golpher bag move and that makes me seriously question the seller's character and integrity. If it truly was a miscommunication, he should not be keeping 400$. What the hell does he need it for? It didn't cost him 400$ by not having this deal go through. That's absurd. The only real place that comes to mind where I feel like a deposit being kept after a deall falls through is justified is in a real estate transaction. We're not talking a few hundred grand in the deal here, we're talking about 2 vending machines. The guy is trying to take advantage of the situation to line his pockets, or else using the threat of a lost deposit to try to force the buyer into accepting the 1900$ price. Or, less likely but possible, maybe he does this on purpose to several people. There are a lot of scams out there nowadays.

[s.weir]

Thank you everyone.  Sherlock your correct, I totally understand how this misunderstanding happened, it just sucks is all.  I have met the guy and he seems like a very nice, business minded guy.  I honestly think this was a mistake and it wasn't meant as a scam.

lurtsman in regards to the suggested course of action you propose thanks, but I would prefer to loose my money (since it is a relatively small amount) then go through that.  it might seem stupid, but our legal system is considerably different then yours and it would not at all be worth the trouble and would probably cost me more then the $400 anyhow. Plus stealing a part just seems so wrong.  I wouldn't be able to live with that decision even though they wronged me initially. 

[mission vending]

Scherlock made some good observations. Just remember its not your first and certainly won`t be the last mistake.

I`ve even had to learn some lessons more than once before it stuck.

[antoniocinisi]

I also agree with sherlock,split the differance.

lurstman:how does one go about takeing a part from thier machine and them allowing it to hapen?

cant you go to the cops?you have proof that they have your money,small claims court should rule in your favor.

[s.weir]

I sent them an email offering to pay $1700 total, so $1300 still to be paid.  We will see how they reply. 

[Mercury]

This kind of theivery happens ALL THE TIME these days.....simply because they KNOW you won't do anything about it.

It used to be, if you screwed someone like that, you'd get a punch in the head, at the VERY least.

Not now.

Merc

[s.weir]

We settled at $1700 and I have a bill of sale with all of the proper and needed legal requirements. Worked out okay I guess.

[mission vending]

Sounds like it worked out OK.

$200 is a VERY INEXPENSIVE lesson in what not to do in vending. Some of the lessons I had to learn have a few more zeros than that.

Of course I did not have a great place like VD to learn from either.

[s.weir]

$200 is a VERY INEXPENSIVE lesson in what not to do in vending.

Agreed ha ha.