Legal Question in Business Law in Oklahoma
I purchased a full size bedroom set from an Oklahoma City seller on Craigslist.org on Thursday, January 7, 2010. At the time of purchase, I presented a written agreement that stated I had paid the seller in full ($350). I listed the items and put a clause that mentioned the seller would hold the items until pick up by me, my sister or my mother. The seller signed the written agreement. Verbally, the seller agreed to hold the items in his garage until I could pick them up. I explained that the house my sister was to move into was not ready. He said he was clearing the garage and that it would be fine to store furniture in the garage. On Sunday, January 17, 2010, the seller text messaged me to pickup the furniture. He left me a phone message on Saturday, January 16th, but I did not retrieve messages until today, January 17th. In a recent text, the seller says he called Friday night, 01/15 and twice on Saturday, 01/16; however I only see one phone call on Saturday and have one message from him on Saturday. The seller stated that he needed me to pick up the furniture. I called the seller Sunday afternoon, January 17th. The seller did not answer my phone calls. I left a message letting him know that he had agreed to hold the furniture and that we had a written (signed by him) agreeement. He text me back saying he was sorry but he tried to get a hold of me this weekend, letting me know he couldn't hold the furniture and that I could pick up my money tomorrow. I looked on Craigslist and he had the furniture listed today at $425 and apparantly has sold the furniture. I asked if he had sold the furniture and replied to his new Craigslist ad. He says he is sorry but he waited 10 days. At no time did we set a date for pick up and in fact in our written agreement that he signed there is not a date for pick up.
What legal recourse do I have?
1 Answer from Attorneys
I would sugest you take him to small claims. Attach your agreement to the petition.
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