Layaway gone bad.

So ive been paying paying off a motorcycle at a dealership on layaway. I've paid about 3500 and owe 2000.. Money issues came up and I've been broke and havnt been able to make a payment on it in a while.. I was Gona use my student loans to pay it off but fafsa changed my need so instead of the 2000 I was Gona get I got like 400 which payed deposited at my new apt. I let them know I'd be in around October 18 with the money.. I just got in there a week ago due to working full time and taking 20 credit hours of school. I walk in to make a payment and he tells me his boss picked it up because he had someone interested.. He said he didn't know if it sold and he would call me that afternoon.. To no surprise he didn't call. I know they won't want to just give my money back. I have receipts for 2000 of it but he wrote non refundable.. Am I screwed? I havnt even rode the bike and I'm worried because laws are really vague on the subject. There was no written contract and everything was verbal. So can they push the broken contract and that I forfeited my money? If there not wanting to refund will small claims be worth it? Or just report it to the bbb? Any help would be appreciated. I just think its messed up if they get to keep 1/5 of my income of this year

if it was in "layaway" with no contract involved...they cant just steal your money like that...you have protections...if they went and sold the bike they owe you what you paid in

That would be nice.. I want another piece. But some poeple were saying receipts with non refundable On them could be considered a contract. And verbal contract are the same as written.

the BBB is a joke, it is not a government agency. they charge businesses for memberships. Do you think they would do very much to a "paying" customer?

mth281 said:

That would be nice.. I want another piece. But some poeple were saying receipts with non refundable On them could be considered a contract. And verbal contract are the same as written.

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you have obviously never studied any form of contract law. for any good or service more than $500 you need a written contract and a verbal contract will not hold up in court. I am not sure if your receipts would qualify as a contract for the layaway purchase. the receipts would be more of proof that you paid but if your contract for the layaway agreement was not in writing then you are fucked. also in order for something to be a contract both parties must have signed it. did you make your payments in cash or with a check. if they were with a check, then your returned signed checks may be of use to you but they may or may not be considered a contract. if i was you i would consult a lawyer about this. you might have a case here and a lawyer may take it. you could sue the shop for breach of contract and associative damages from that. talk to a lawyer they will tell you whats up. next time you buy anything over $500 make sure you have a written contract signed by both parties.

its as simple as this man...you paid the money...you don't have the item...contract or not...you never got to use the item...so they have to return your money. Go get your money!

massah said:

its as simple as this man...you paid the money...you don't have the item...contract or not...you never got to use the item...so they have to return your money. Go get your money!

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if only the law was that simple. what was the contract first of all. was there an agreement that if you stopped making payments you would forfeit the bike? was there an agreement otherwise? if you want your money back legally the absence of a written contract will be a big hurdle for you.

irieie said:

if only the law was that simple. what was the contract first of all. was there an agreement that if you stopped making payments you would forfeit the bike? was there an agreement otherwise? if you want your money back legally the absence of a written contract will be a big hurdle for you.

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no the absence of a contract puts it in favor of him in most cases...unless you live in some fucked up area of the country(I assume USA)

I'd get my money back...if they didn't I'd stand out front of their store with signs saying they stole from you and refuse to pay it...eventually they will give in and realize you are costing them money...oh and they can't do shit about it...if they call the cops just make sure you are off their property in a public area expressing your right to free speech and if they touch you sue them for battery

massah said:

no the absence of a contract puts it in favor of him in most cases...unless you live in some fucked up area of the country(I assume USA)

I'd get my money back...if they didn't I'd stand out front of their store with signs saying they stole from you and refuse to pay it...eventually they will give in and realize you are costing them money...oh and they can't do shit about it...if they call the cops just make sure you are off their property in a public area expressing your right to free speech and if they touch you sue them for battery

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take some law classes or read the actual law before you give out shitty advice here is the quote i was looking for

:Some types of contracts must be in writing to be enforced. The Copyright Act requires a copyright assignment or exclusive license to be in writing (see "Assignments" and "Licenses" in the Ownership of Copyright Law Summary ). State law requirements vary from state to state, but in most states, a contract for the sale of goods for $500 or more must be in writing.

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here is a link to the page so you can learn more about contracts: http://library.findlaw.com/1999/Jan/1/241463.html

Well I think we have it worked out... I talked to the boss of the the guy I have been giving the money...And he lied his ass of to his boss.. The bike was never sold so hes giving me an extension. My grandpa is comming December first to pay it off so I don't get screwed again and I'll pay him off.. If they try somthing again I have recordings of them both.. Both admired that there was no set date and one tried saying since I told him Id be in around the 18th that that have him the right to keep the money. They also acknowledged the amount of 3400. I had talked to a attorney and he told me if I got them on recording that it would help support the receipts and help prove I'm telling the truth.. Thanks for the advice.. Hopefully I'll avoid court and brink the bike home

mth281 said:

Well I think we have it worked out... I talked to the boss of the the guy I have been giving the money...And he lied his ass of to his boss.. The bike was never sold so hes giving me an extension. My grandpa is comming December first to pay it off so I don't get screwed again and I'll pay him off.. If they try somthing again I have recordings of them both.. Both admired that there was no set date and one tried saying since I told him Id be in around the 18th that that have him the right to keep the money. They also acknowledged the amount of 3400. I had talked to a attorney and he told me if I got them on recording that it would help support the receipts and help prove I'm telling the truth.. Thanks for the advice.. Hopefully I'll avoid court and brink the bike home

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sounds like you took the right approach and sorted this out. i am glad that it will work out for you and you will get your bike. i am sure you will learn from this. glad you talked to a lawyer and took all the right steps to help protect yourself. good luck and i hope that something i said helped you.

what bike?

07 zx6r. And there was nothing saying that if I went say 3 months with no payment then I forfeit the money... He just said if I change my mind the I just walk away

mr. law professor should read the first part of contract law.

a verbal contract with witnesses is fully enforceable. a lot of states have old ass laws where a handshake 'seals the deal'...... your lucky it's a recession and every sale counts...

in the mid-90s you might have gotten screwed.... next time make sure there's a contract you understand.....

irieie said:

you have obviously never studied any form of contract law. for any good or service more than $500 you need a written contract and a verbal contract will not hold up in court. I am not sure if your receipts would qualify as a contract for the layaway purchase. the receipts would be more of proof that you paid but if your contract for the layaway agreement was not in writing then you are fucked. also in order for something to be a contract both parties must have signed it. did you make your payments in cash or with a check. if they were with a check, then your returned signed checks may be of use to you but they may or may not be considered a contract. if i was you i would consult a lawyer about this. you might have a case here and a lawyer may take it. you could sue the shop for breach of contract and associative damages from that. talk to a lawyer they will tell you whats up. next time you buy anything over $500 make sure you have a written contract signed by both parties.

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Not all sales over $500 need to have a signed contract. In fact there are plenty of sales happening every second for more than $500 and no one is signing a thing.
If it really needed signatures to make contracts over $500 imagine how hard it would be to run a auction. When you nod your head to bid on an item, you have entered into a contract.
A contract consists of 6 elements in order to be lawful and binding.

(1)An agreement (2) between Competent parties (3) based on the genuine assent of the parties that is(4) supported by consideration, (5) made for a lawful objective, and (6) in the form required by law, if any.

A verbal agreement is called a informal contract and it has the same legal standing and lawful veracity as a formal contract made under seal. It IS a better idea to get it in writing, just to seal the deal and to clarify things for all so that 5 years down the road no one forgets. Verbal Contracts hold up in court plenty when what was said is not in question.