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Contract Help
Jun 8, 2007, 09:41 PM
Hello, I am writing to request advice regarding a contract between friendly people that has gone horribly wrong.
I was in a contract with a person, whom presumes to know the law regarding the sale of a 5th wheel. I paid $500.00 down and one payment per month for 6 months of $1,000.00 to acquire a 5th wheel from an acquaintance. He wrote a contract (not notarized) I signed to this arrangement and went to work up North I never received even though I requested a copy of the agreement. I was to pay $1,000.00 until it was paid. After the first payment which I mailed to him by cheque to my home address as he did not provide his address (and I am up North working). He received the payment but said it was late.
I stated I had no information from him, his address, or account number (he later emailed this). One day he called and said he was moving to Prince Rupert and needed all the money now. I said I would continue to send the payments. He said he didn't want to manage an account from up North and wanted to be done with the transaction here and now. He also said I had prevented him from 2 sales that he could have made on the 5th wheel. I told him if I had known this I would have voided the contract as I would not have held him up but I could not send the entire amount. He said he needed the money to buy a house. I suspect he may have used the 5th wheel as collateral. I sent the 2nd and 3rd payments in advance and in cheque form. I telephoned him to see if he got them and he said yes, he had the cheques but he wasn't going to cash them as they were late in arriving, again to my home address where he could pick them up and he did pick them up from there but I have no idea when. He said he was cancelling the contract because I was late and keeping the monies I had paid $1,500.00. He said he might give the monies back if when the 5th wheel sold. Still not providing his home address and now he has moved. Can I place a lien on this recreation vehicle and how would I go about getting my $1,500.00 back?
What are my options?

Fr_Chuck
Jun 9, 2007, 06:39 AM
He sounds like a crook and basically can not do that, you made a lot of errors also,

And no if he knows the law he is using it to cheat you, the signed contract is binding, does not have to be notorised, if you are paying late, then he has a right to do anything in the contract.

What you need to do is sue him in small claims court for your money back,