buyers/sellers that DEFAULT on contract


Anybody ever had a buyer or seller DEFAULT on a deal/contract? What did you do? I recently had a DEAL/Contract (I have ALL the threads) and the seller defaulted. I plan on filing a small claims lawsuit, (pro se), against him. Any other suggestions to remedy these situations, when they happen? (I'm sure there are some lawyers among us audiophiles!) Share your similar experiences?
Happy Listening!
soundsgr8tome
Lee, many sellors verify funds before they will ship, including money orders which sometimes have bogus origination. Recheck your sellors payment terms (10 day hold?). There are stop payment options to checks & m.o. if you think you're in a rip off situation. I'd try emailing again, but use your return/read receipt option on your emails to verify whether the sellor is reading them or they are lost in cyberspace (or he just is on vacation/etc).
Soundsgr8tome, I'd recommend that you look through many of the older threads under misc audio or site related for a myriad of ideas over time. It should prove useful. Good luck to you -
Well done Elgordo. Consideration, as it respects contract law is always fun to try and get a grip on. I have a law book, here is what it says with respect to contract consideration:

Under a bargain theory of consideration, what is required is that the promise and the consideration be "in the relation of reciprocal conventional inducement, each for the other." In other words, consideration must both be "sought by the promisor in exchange for his promise and be given by the promisee in exchange for his promise. If so, then you have a bargain which is supported by consideration, and may be enforced, so long as the rest of the elements of a contract are found and satisfied. Good stuff, huh? May not have put it all out there just right, and in any case don't have a clue what it means.
Are you kidding? I've had lot's of "done deals" which fell apart. Recently, I had a buyer for speaker cables who wanted them for a little less than I was willing to sell for. After a few emails and a long, long telephone call, he was comfortable and we struck a deal between my ask and his offer. I would ship upon receipt of certified funds. Next day along comes the email that the certified has been sent priority mail. That night I got a call from "Mr. committed" who told me that he had read a review on AUDIOASSYLUM and "DECIDED NOT TO BUY THE CABLES"!

Call me stupid, but, I don't get it. I then ask about the check that's been overnighted. I'm told that he stopped the package???

I think he's a bad guy. I write him and tell him that I'm really troubled with his actions and haven't decided what I'm going to do about feedback, since I feel that he's been dishonest with me. He tells me that he doesn't care if I give him bad feedback, since he has a second Audiogon account anyway!

I litigate for a living. I don't do it for my own account unless it's my business. My time's worth a lot more than "getting even" with this a...hole.

I bet the same is true for you.

Best wishes,

Bill E.
Similar thing just happened to me. I paid via paypal, got an email in return saying he was going to ship it the next day, and it is now 2 weeks later (he said 2-day for shipping), and he hasn't responded to several emails. I'd take him to court if it was more than $30 (just a single MIT T2 interconnect for a center channel). My question is, is it legal and/or ethical for me to post this person's name and email address here? The item wasn't listed here, but was on both ebay and audioreview (didn't sell on ebay, so can't leave feedback there, i think). I feel the need to warn folks about a seller when this stuff comes up. If he'll do it for $30, he might do it for $3000.

Soundsgr8tome, if you've paid already and don't think you're getting the equipment, good luck with the lawsuit. Please let us know how it went.