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re: Buyer cancelled check, what are my options

Posted on 3/3/20 at 2:02 pm to
Posted by 62Tigerfan
Member since Sep 2015
5349 posts
Posted on 3/3/20 at 2:02 pm to
If he stopped payment and damaged or destroyed the item, I’d file a police report and take it to small claims court.
Posted by Jon A thon
Member since May 2019
2373 posts
Posted on 3/3/20 at 2:41 pm to
quote:

Have you gone to his bank and tried to cash the check?


So this is another screwed up part. I messed up by just depositing it in my account. My bank tells me that the money has cleared, but did say that if his bank pulls the funds, they'd be removed from my account. His bank is totally willing to tell me that he has sufficient funds for the check, but is not willing to let me know if there is a stop payment. Somehow knowing he has at least $3k in his account is okay information to give to me, but information about the validity of the particular check is secret information. And I can't cash it now because it was already deposited in my bank.

I'm flat out telling him that no decisions will be made until the money clears completely. I'm not taking that bike back, then him stating that I owe him money. Only to find out the money was never really in my account to begin with.
Posted by Tactical1
Denham Springs
Member since May 2010
27129 posts
Posted on 3/3/20 at 2:44 pm to
Well accepting a check was your first mistake.
Posted by Jumbo_Gumbo
Denham Springs
Member since Dec 2015
5960 posts
Posted on 3/3/20 at 2:58 pm to
Give him his money back less a 25% restocking fee.
Posted by LSUBanker
Gonzales, La
Member since Sep 2003
2652 posts
Posted on 3/3/20 at 3:05 pm to
quote:

Incorrect. You can stop payment on those as well.


Uh...that's a big no. Only if lost or destroyed. If the bank stop pays the check then they'll be held liable.
This post was edited on 3/3/20 at 3:08 pm
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
72704 posts
Posted on 3/3/20 at 3:25 pm to
quote:

quote:

Your C9 auto signature is incredibly annoying



C9
Posted by windshieldman
Member since Nov 2012
12818 posts
Posted on 3/3/20 at 3:28 pm to
quote:

I'm flat out telling him that no decisions will be made until the money clears completely.


Again, if it clears that bike is no longer yours, and the money is no longer his. It’s just a simple no on a return, that simple. He should have thought about all this prior to writing a check
Posted by LeroyBrown
South Side Of Chicago
Member since Jul 2017
578 posts
Posted on 3/3/20 at 4:03 pm to
And nut in her eye
Posted by zippyputt
Member since Jul 2005
6808 posts
Posted on 3/3/20 at 8:00 pm to
Sue him in small claims or city court.
Posted by dallastigers
Member since Dec 2003
9416 posts
Posted on 3/3/20 at 9:21 pm to
I am surprised that check clears and that he might still be able to stop payment on it. That seems like he would have to show there wasn’t an exchange or that you committed fraud and gave him something obviously different than agreed upon.

Stopping pay on a check after taking and still having agreed upon product in hand is considered theft in many places and prosecuted. Not sure on your exact law covering person to person sales of used items like if above a $ amount buyer has right to change mind in a certain time frame, but if he saw item, took item from you, and then handed you a check for it as part of the exchange of ownership as long as item was as described, terms were basically fair, and nothing fraudulent that could only be discovered after this transaction (like a stop pay on check) I would be reporting this to police or DA if payment is stopped.

I would think even if law has a built in buyers remorse clause having agreed upon product while doing stop payment on check is not kosher. It would be more of holding you accountable for not taking it back and then refunding money as paid to you. Even in retail for returns paid by checks above a certain amount company I used to work for could send out a check after customer’s check cleared first.

If check your bank says has cleared is still stopped I would contact authorities while he has product. If it is not stopped I would tell him it’s his and move on. In mean time I would also tell him that based on his threats and possible attempts to stop payment for a product he checked out before exchange, then agreed upon fair terms of exchange, then paid for product with said check, and then took into his possession that you have been advised to have no further contact until check official clears.


Hypothetically If you realize he overpaid or are overstating things that fit your side because you want to be done with sell of bike and spent the money already then take it back and tell him you will cut him a check once his check clears as long as bike is in same condition as when he purchased it. Don’t be the arse you are describing this guy as being.


Posted by Jon A thon
Member since May 2019
2373 posts
Posted on 3/4/20 at 8:26 am to
His tone has completely changed since my final text to him. I barely reply to his texts. First was to let him know I wasn't interested in the return. Second was to let him know that this all seemed very suspicious (flip flopping, cancelling check, putting the bike for sale, etc.). Third was me letting him know that I am waiting for the check situation to completely settle out to confirm where the funds are. That's the only communication I've had since the sale.

This dude cannot stop putting his foot in his mouth with dumb texts making himself look shadier and shadier. He is out of town for business and said the bike was with one friend, then with another because the first didn't feel comfortable with the deal. He said he didn't tell the second friend what was going on, so it should be easier if I decide to take the return

I've been to his bank and mine, and both say the funds cleared into my account, but maybe wait a few days to be 100% sure. I know he attempted a stop payment, but I think he knew the whole time it was unsuccessful.

I'm just moving on with the whole thing and realizing I may have gotten lucky. Shitty part of this is that I've gotten to take part in some great hobbies that are pretty expensive, because I've always had great experiences buying and selling equipment (bikes, boats, watches, etc.). I realize it was my own stupidity, but I now just don't feel comfortable buying and selling high end shite from individuals. Been lucky for the past 10 years I guess. Just another reason to hate people.
Posted by windshieldman
Member since Nov 2012
12818 posts
Posted on 3/4/20 at 8:34 am to
quote:

I'm just moving on with the whole thing


As you should. Tell him congrats on the bike, and congrats to you for your money. It’s over
Posted by TheDeathValley
Louisiana
Member since Sep 2010
20052 posts
Posted on 3/4/20 at 9:11 am to
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