My husband and I got payed just before the weekend, and had been set to buy a small RV for our family camping trip. We are taking this trip as a means for the kids to enjoy the time between the end of the lease for our apartment, and the beginning of buying our new house. The guy promised to give me a call by the end of that week, but did not. We found out he sold it to someone else, and didn't call. This was annoying, but forgivable. So, still needing an RV/camper, we went back to Craigslist. My husband found a great 35 ft RV. Thee ad said it needed a new carb. but it starts. We decide to drive the hour trip to see it. It is indeed 35 ft., however both front windows are cracked, and the rubber seal is knotted on the front bumper as 50% of it has pull off. OK, easy fixes, fairly cheap. Then he tries to start it for us. He brings a gas can in, and it starts up, then dies. He can't get it started after that. My husband tries, he's had experience with this kind of thing before, can't get it to start. My husband talks him down from $2000, to $1600 since it won't start as advertised. The man in question agreed, He said he would be taking his ads down that night. He then ask if we could get some kind of paper so that he'd be more comfortable taking it down (we were sure what he mean by paper). My husband told he that we didn't have the cash as we got to the bank to late, but if he would to a check. He said that would be ok, then indicated he did not have the title on him. The three of us decided he would hold the check until Monday, and meet with me at 1:30-2:00pm when I would give him the cash, and he would give me the check, title and keys. Monday morning at 11:00am, we took the $1600 out of the bank. For so reason, I looked at my husband and asked him to check to see if the ad was still up, it was. I packed the kids in the van just after my husband left for work. Drove for an hour, texted him when I got then, and saw no sign of him. He then called me to tell me he wouldn't be selling me the RV. After a couple seconds of shock I asked why. He told me he sold it to someone else, that he put the check in the bank that morning, and they tell him it was a bad check.
1)the money was in the bank until 11am monday morning
2)it would have taken the bank at least 24 hours to process our check
3)we belong to a credit union that would have paid the check then made us pay a fee if it had been bad.
He decided he was going to talk to me about it after I reminded him that he was suppose to hold the check, and told him I had the cash in my pocket. No him, no check. My husband called about 15 minutes after I got back to the house (I had left he a message), he had only one question "did he at least give you back the check. Upon heard the answer, he hung up and called the guy to tell he that he would need to send the check back to us in the mail if it was so bad. My husband then called the bank and asked for a stop payment order. He then called the guy back to inform him that him did this, the guy got anger.
If you ever find yourself in this type of situation remember, question what's going if the item is not as advertised, and if you can not take the item with you when you left, never pay cash, if you must pay, pay with a check so you can stop payment if the other party backs out of the deal. Oral agreement are considered legally binding in most places, but they are hard to prove without something in writing, so buyer be-ware.
