Page 2 of 2 FirstFirst 1 2
Results 11 to 16 of 16
  1. #11
    Join Date
    Mar 2013
    Posts
    17,484

    Default Re: Art Gallery Will Not Sell Me the Artwork nor Will They Freely Return My Money Pai

    Quote Quoting rxx4
    View Post


    (c) with respect to goods for which payment has been made and accepted or which have been received and accepted (Sec. 2-606).

    But in your case payment wasn't made. The price was $75,000. If I remember correctly you made only a partial payment of $40,000, $25,000 of which has been returned.

    Quote Quoting rxx4
    View Post


    Second question, is any of this criminal? The retaining of money and not selling me anything, the taking of my money while simultaneously try to sell it again. The holding of my money hostage until I sign away my right as the only way to get my money back. Isn't this predatory? Isn't that illegal?
    You are free to report it to the Dade County prosecutor and see how it goes. My guess is that you get told it's a civil matter but, who knows, I could be wrong.

  2. #12
    Join Date
    Feb 2006
    Location
    Maryland
    Posts
    11

    Default Re: Art Gallery Will Not Sell Me the Artwork nor Will They Freely Return My Money Pai

    In subsection C is doesn't specify that full payment has to be made and accepted. I made two payments for a total of $25K of the 75K, both payments were accepted. By him taking and accepting any payment he is acknowledging he accepting the transaction. If he was not in agreement he would have had to reject the first payment I would think. Once the first payment was made and accepted it would seem the agreement was signed off on by both parties. If I failed to make the rest of the payments I would be in breach. He breached first though by not reserving it for me and continuing to sell it to others.

    I did talk to the persecutor in Dade and the attorney I talked said it felt like civil. I don't know this seems so predatory that I can not imagine if someone just kept do the same exact thing over and over would just say civil, civil. There must someway to argue to these people that there are elements of fraud here.

  3. #13
    Join Date
    Mar 2013
    Posts
    17,484

    Default Re: Art Gallery Will Not Sell Me the Artwork nor Will They Freely Return My Money Pai

    In subsection C is doesn't specify that full payment has to be made and accepted.
    You're seeing what you want to see, not what's written. It doesn't say "for which a payment has been made."

    As for the rest, believe what you want to believe but your option is either sign the release and get your $10,000 or file a lawsuit.

  4. #14
    Join Date
    Feb 2006
    Location
    Maryland
    Posts
    11

    Default Re: Art Gallery Will Not Sell Me the Artwork nor Will They Freely Return My Money Pai

    Quote Quoting adjusterjack
    View Post
    As for the rest, believe what you want to believe but your option is either sign the release and get your $10,000 or file a lawsuit.

    It is my understanding in order to qualify for treble payment on the retained 10K, I have to first send the demand letter which I have the sample to work from by certified mail, wait 30 days, if he doesn't pay the 10K then I file a lawsuit for $30K plus attorney fees. What leg does he have that he can possibly stand on why I am not entitled to my 10k back? I don't see anything. Is there any chance an attorney would take this on without a retainer?

  5. #15
    Join Date
    Oct 2014
    Posts
    7,615

    Default Re: Art Gallery Will Not Sell Me the Artwork nor Will They Freely Return My Money Pai

    Quote Quoting rxx4
    View Post

    Taxing matters I'm confused with you above statement. you said that you thought there was a contract but it was a matter of if it was enforceable. I looked at the link https://www.law.cornell.edu/ucc/2/2-201

    According to that it is enforceable based on meeting criteria 3 (c) because I paid him and he accepted to the point he will not give my money back. So why do you keep questioning if the agreement is enforceable?
    What you cited from the UCC is what I discussed earlier: you'd have a good cause of action to sue for the refund of what you paid, but not for something more, unless you can make the argument for the extra damages under the FDUTPA.

    Quote Quoting rxx4
    View Post
    Second question, is any of this criminal? The retaining of money and not selling me anything, the taking of my money while simultaneously try to sell it again. The holding of my money hostage until I sign away my right as the only way to get my money back. Isn't this predatory? Isn't that illegal?
    It would be criminal if the seller intended from the start to take your money, keep it, and not sell you the goods promised. In that case he's committed fraud. You are free to report this to the police in whatever city/county the seller is in and see if they will pursue it.

  6. #16
    Join Date
    Mar 2013
    Posts
    17,484

    Default Re: Art Gallery Will Not Sell Me the Artwork nor Will They Freely Return My Money Pai

    Quote Quoting rxx4
    View Post
    It is my understanding in order to qualify for treble payment on the retained 10K, I have to first send the demand letter which I have the sample to work from by certified mail, wait 30 days, if he doesn't pay the 10K then I file a lawsuit for $30K plus attorney fees.
    True. But that doesn't guarantee you'll win the extra $20,000 or attorney fees. He can raise defenses to your allegation of fraud. One that comes to mind is that you didn't pay in full for the item. I think your claim for treble damages is rather tenuous.

    Quote Quoting rxx4
    View Post
    What leg does he have that he can possibly stand on why I am not entitled to my 10k back?
    He isn't claiming that you're not entitled to it.

    Defendant: "Your Honor, Plaintiff paid only part of the price and I was seeking back up offers in case he didn't come through with the balance. No fraud here. I already gave him back most of the money, I intended to return the $10,000 in exchange for a release from further liability, a common practice in a disputed claim."

    Judge: "I find for the Plaintiff in the amount of $10,000. Plaintiff to sign the release and bear his own costs and legal fees."

    Quote Quoting rxx4
    View Post
    Is there any chance an attorney would take this on without a retainer?
    Snowball's chance in you know where.

    1. Sponsored Links
       

Page 2 of 2 FirstFirst 1 2

Similar Threads

  1. Security Deposits: How to Return a Security Deposit for a Joint Lease if One Tenant Paid the Money
    By needadvisenow in forum Landlord-Tenant Law
    Replies: 8
    Last Post: 02-22-2016, 10:18 AM
  2. Arrest Warrants: Failure to Appear in Court Charge Despite Presence in the Gallery
    By precision32 in forum Criminal Procedure
    Replies: 7
    Last Post: 11-04-2014, 12:41 PM
  3. Payment Disputes: Not Paid for Artwork that the Client Modified and Used
    By mnhim in forum Independent Contractors
    Replies: 4
    Last Post: 11-16-2013, 04:07 PM
  4. Trials: Can Somebody in the Court Gallery Legally Record Proceedings
    By chaz2000 in forum Criminal Procedure
    Replies: 3
    Last Post: 04-07-2011, 12:52 AM
  5. Copyright Law: Can I Create and Sell Original Artwork with Pop Culture Subjects
    By ivanalbright in forum Intellectual Property
    Replies: 1
    Last Post: 03-27-2010, 08:10 AM
 
 
Sponsored Links

Legal Help, Information and Resources