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Discussion Starter · #1 ·
this just might be my last post on the forum, here goes. I had my 220 setup listed in the classifieds, had a few interested parties. Well I get an offer, lower than asking price of course, but its time and I decide its ok. Get the tank stripped, empty, and carrying it to my truck to deliver for the buyer. I have an end of the tank, buyer has an end with help, 3 feet to go to get it in my truck and buyer drops his end, putting a small chip in the bottom edge of the side panel. He's sorry, but backs out of the sale, buying only my filters and taking the fish as well. Sucks to be me, I now have to find a place to get rid of this former asset, and throw it away. What would you do/ expect in this situation? No names will be mentioned, nor will I say if it was a member here or from the cragslisting.
 

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That guy dropped his end. Go to small claims court for the full retail value of the tank, and settle for the amount that you agreed upon in the sale. He dropped it, after agreeing to buy it. His responsibility in my view. A lawyer might give some better insight, but I think the deal was consumated when he paid you the money. If I buy a TV in a department store, and drop it on my way out the door, I don't think I'll be seeing a refund.
 

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Until money exchanges hands or you have some sort of legally binding (and can prove it existed) agreement to purchase the tank, you have nothing to go on. From now on, learn your lesson and make sure the money changes hands 1st and he has help to load it into the truck other than yours...
 

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Sorry to hear of you misfortune.

Personally I couldnt back out of the deal if I were the one to drop as it comes down to ethics. Like Sjnovakovich said I would def do something about it. At the very least ask for him to pay for half of asking price if not what all of what was agreed on.
 

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When I sell ant thing I make It it pick up only, and cash before trade. Once I have the money it is there responsability to load and transport the equiptment. I dont like to come off as an ass, and I know it seams that way some times but I have been burned befor and have learned my lesson from those.
 

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All my Craigslist deals state up front-- Cash only, pickup only. Trucks can be rented and if they don't want it, the next man will. A guy with a truck will wind up getting suckered every time if he does not protect himself well. No I will not loan you my truck!!!

At this point, your best deal it to forget it and sell for what is left in it. Going to court will give him a chance to say you stopped and made him drop it, etc. etc. If the money was not in your pocket before the tank left the stand it is just the price of experience.
 

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Discussion Starter · #8 ·
the more I read your guys posts I realize I let him off way to easy, as for getting the money in hand first, it was a rush to get the tank empty and figured he was on the up and up. Guess this can serve as a lesson to others at my expense, don't be the nice guy, money in hand first. Dam those 220 perfecto's new go for a grand !
 

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I would repair the tank if its only chipped or small crack. See what you can get for it. I would be extremely disappointed in this person, and if i were them i would have still bought it due to my fault and fixed it myself. With heavy tanks i personally try to plan ahead with either 2 guys on each end, or strapping it to a dolly. Saying that though is kind of a `thanks captain hindsight` not very helpful now. If i lived near you, i would buy as is. Sorry to hear your bad luck. I have feared this many times.

Edit: Just remembered, maybe make you feel better. A friend of mine was helping move a 400G tank with a bunch of guys. They were moving it around in some very wealthy persons home when one of them must have lost a grip, and yep smashed. My brother was also once moving a 240G with his girlfriend who was a rather petit girl. I dont know what my brother was thinking but immediately she couldnt hold it (i dont blame her) and smashed one whole long side. And somewhat related, *** smashed probably 10,000 lbs worth of glass at my old job. :thumb:
 

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no wonder you are not on that job any more chunkanese ;-)
 

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If it was you who dropped your end, then it would be OK, but it wasn't, and he had made a deal. He was the one who suddenly devalued the tank. Personally, and this is just my opinion, public shame will a lot of times make people do the right thing. If it were me I'd make it known to others who it was. It may not only get it resolved for you, but maybe keep someone else in the future from getting the short end of the stick from the same person.
 

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Number6 said:
Until money exchanges hands or you have some sort of legally binding (and can prove it existed) agreement to purchase the tank, you have nothing to go on. From now on, learn your lesson and make sure the money changes hands 1st and he has help to load it into the truck other than yours...
Sorry about the situation. I agree with money in hand before starting anything. Supply and demand, obviously he wanted it and you supplied what he wanted. It really sucks it turned out this way but nice guts finish last. That statement is so true. In these rough times (economy) I suggest nobody be the nice guy. Going to court is gonna be another loss of money, remember you already lost the money in the tank and to lose time from work to go to court is not worth it imo. It's all just he said she said after this. I too am a "niceguy" but at the expense that all goes out the window.
 

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As a former rental property owner, I can vouch for one thing. Unless there is written agreement and a viable way to collect the money, court is a lost cause many times. Different rules in different places but many times the court will rule in your favor and you have a judgement that says they owe you. What is that worth? It is worth whatever effort you put into collecting. The court often does not do the collection. I never found it was worh much. Garnishment of wages costs you to file and then they just quit that job and get another. That means you have to find them and pay to file again. In this price range, the heartburn is not worth it for what you will recover. Sorry is about as far as it gets you.
 

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I personally wouldn't have sold him anything. I would also let everyone know who it was so if they ever had dealings with him they would know what type of person they were dealing with.
 

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I personally wouldn't have sold him anything. I would also let everyone know who it was so if they ever had dealings with him they would know what type of person they were dealing with.

I agree with this. I would like to know who not to do business with. I'm not one for standing people. But in the same note, other people should know who they might be dealing with. Help other people not to be taken by some one like this. Just saying, and your choice.
 

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monisaab said:
no wonder you are not on that job any more chunkanese ;-)
lol, most of that was intentional, if there was even a small scratch or glass bubble showing up it was thrown in the dumpster. There was probably on average 500-10,000 lbs broken or rejected each day at the plant. What a waste eh!

I still say do what you can to repair it. Even large cracks can be fixed. It way be of a bit less value, but you can come out of it with more money than throwing it out. Sucks man, the fact you wouldnt say if he was a member here makes us all suspicious. Mistakes happen and im sure hes not a bad guy, just made a mistake. Things could have gone worse or someone could have been hurt, be happy they didnt. :thumb:
 

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hunt him down, no but he should of still paid for it. does it still hold water or is it just a chip?
 

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Discussion Starter · #18 ·
it would hold water, but not sure for how long. I gave the tank to an employee at absolutely fish due to the fact that I had it in my truck and just wanted it gone at that point, no clue if he got it up and running or not. Guilt trip is apparently not working as he must have read this post by now.
 
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