Problems with Facebook Marketplace seller

Jenn1968

New Member
Jurisdiction
Indiana
I am an artist, and it's not unusual for me to peruse Facebook Marketplace for supplies. In this particular case, it was a large collection of beads. I contact the seller to ask a price, and he stated that he did not know the value of the beads, as they belonged to his father. He said he was initially asking $25 per case. I told him that I would get back to him when I could make time to travel to him to see the collection.

Over the next month or so, he would contact me every once in a while to see if I was still interested. I told him I was very interested, but had to gather some money together and make time to come see the beads. We had a few conversations via text during this time about the beads and a few other things. It was friendly.

Then he contacted me by text, saying that he was tired of storing the beads, knocking over, and stepping on the beads, having to pick up and deal with the beads, and he would like to have that room free for other projects. He then told me that if I would be willing to make the 3 1/2 hour trip to pick up the beads, I could have them for free. He says this was no big deal, as his father was previously planning to donate them, and I'd be doing him a great favor by taking them away. I thanked him profusely several times for this generous offer and told him I could make the trip in a week.

My days before making the trip were spent preparing my studio for the huge influx (about 80 storage cases) of beads. I didn't buy any storage items, but did a great deal of cleaning and organizing. I wanted to go through the collection before I purchased items to organize and store it. I was super excited about getting the beads, which I decided to make into curtains to sell on my website. He was equally excited about having that particular room free for a "special project" he was planning.

Finally, the day came where I was to travel to Indiana from Ohio to pick up my new beads. I left early in the morning, and texted him about 15 minutes before arriving at his home.

I rang the bell, and he sent me a text, saying that he was not decent, and asked me to wait until he came to the door. I told him no problem, and went back to my car. An hour later, I knocked on the door again, and texted him, and got no answers. I didn't quite understand what was happening, but told him I was going to head home. As I got on the freeway, he texted me, saying he was so sorry, that he had passed out, and wasn't feeling well. I told him I understood and asked him if I should come back, and he said yes. I turned my car around and returned back to his home.

Once I got back to his place, I texted and called him again, and rang the doorbell. He texted back and said he was still not decent. I told him that just so long as he had a pair of shorts on, I was fine. I told him I'd be happy to load the beads myself if he still wasn't feeling well. Then he asked if I would come into his house and watch him "practice a little self-care." I told him I didn't think that was a good idea or a safe situation for me to put myself in. He said I could come in, watch him "do his thing and cheer him on" then we could load the beads together. I told him no, I said I was no longer comfortable coming into his home. I asked if he could please move the beads outside on the porch so I could load them myself. His response was, "I am in the shower right now." I told him what he did was really mean and I didn't understand what I did to deserve that, then I started the 3 1/2 hour trip back home, confused and crying most of the way.

I was counting on these beads for my business, so I'm wondering about a small claims case for a specific performance, or at least getting compensation for my time and gas money. I still have all the text conversations on my phone. Any advice would be appreciated.
 
Forget it. A contract to make a gift is not enforceable. Even if it was you'd have to sue him where he lives and make one or more trips to court there. You don't get your expenses or your time paid for. Even if you win, your chances of collecting anything from a nutcase are slim to none.
 
I disagree with the prior response. I'm not sure what "contract to make a gift" means in this context, but a contract is enforceable even if the object is to make a gift. For example, A and B could agree that, in exchange for A painting B's house, B will make a gift to C. I guess that would be a contract to make a gift, and it absolutely would be enforceable.

But what you described was an agreement (which is not the same thing as a contract). Agreements to make a gift are generally not enforceable. However, in this case, based on the bead owner's promised, you acted in reliance and suffered a detriment.

The problem is that you're not entitled to the beads, and proving the value of your time at anything greater than minimum wage would be virtually impossible. If we assume you covered 210 miles each way and your car gets 20 mpg, then you'd be entitled to the cost of 21 gallons of gas. It will obviously vary, but AAA says the current average cost of a gallon of gas in Ohio is $3.36, so you'd be looking at $70.56 (+/-). Add to that 8 hours at $10.10 per hour (the current minimum wage in Ohio) and your grand total is $151.36.

Are you really going to sue for that small an amount? Keep in mind that you'll have to sue where the defendant lives. Looks like the filing fee for an electronic small claims filing is $87, and you'll probably have to pay another $50-75 to have the complaint served on the defendant. Those amounts can be included as part of a judgment if you win, but the time and costs of traveling to attend the hearing cannot be included, so you'll pay another $70 in gas and spend another 8+ hours going to court.

Even if the court allows you to do this by Zoom, you might get your $300 judgment, but how will you enforce it?

So...let's go back to the question: are you really going to sue over a maximum possible recovery of $150?
 
Forget it. A contract to make a gift is not enforceable.

An agreement to make a gift is not a contract at all. However, there may be an argument for an enforceable contract here. Sure, the seller was unloading them to the buyer free of cost, but that does not mean the seller did not benefit from the arrangement. If the OP can argue that the seller's statements that the beads were a burden to him and it'd benefit him to just get rid of them, a court might find a a contract and that the seller breached it. Moreover, there are non contract remedies that may be available here. The seller induced the buyer to expend the time and cost to come to his place with the promise that he'd get the beads he asked for. That may allow for a case of detrimental reliance.

Even if it was you'd have to sue him where he lives and make one or more trips to court there. You don't get your expenses or your time paid for. Even if you win, your chances of collecting anything from a nutcase are slim to none.


This is the real problem. What ultimately can the OP expect to get out of this? First, his travel expenses, etc., are not recoverable from the other party if he wins. Nor is his time compensable either. All he'd have is a claim for the beads (or their value). I have no idea what value these beads have, but it may be more trouble and expense to sue the guy and then try to collect than it's worth.
 
The seller sent me at least a dozen pictures of the beads. By my estimation, they're worth between $8000 - $10,000. They were purchased for jewelry making, so there are stones, glass, metals, etc.

He wanted to be rid of the beads so he could make that room into a sex room. He appreciated my being open minded about it. He even told me he was gay, and so was his father, so I wasn't too intimidated about traveling to meet him. (I am female.)

If he didn't want to part with the beads, or changed his mind, he could've told me anytime before I left Ohio to head to Indiana. I'll never know if he tried to lure me there, but the whole thing is kind of icky. It looks like he may get away with it though, which is unfortunate. I hope he doesn't try it with anyone else.
 
The seller sent me at least a dozen pictures of the beads. By my estimation, they're worth between $8000 - $10,000. They were purchased for jewelry making, so there are stones, glass, metals, etc.

He wanted to be rid of the beads so he could make that room into a sex room. He appreciated my being open minded about it. He even told me he was gay, and so was his father, so I wasn't too intimidated about traveling to meet him. (I am female.)

If he didn't want to part with the beads, or changed his mind, he could've told me anytime before I left Ohio to head to Indiana. I'll never know if he tried to lure me there, but the whole thing is kind of icky. It looks like he may get away with it though, which is unfortunate. I hope he doesn't try it with anyone else.
Do you really think someone was going to just give you $8,000 of stuff? That is not believable by any reasonable person.
 
Do you really think someone was going to just give you $8,000 of stuff? That is not believable by any reasonable person.

I assure you, I'm a reasonable person, and it's absolutely believable. He stated he had tried for a couple years to get rid of the beads and could not. Even tried auction houses. He said, "I just want them gone."

Art and craft supplies are expensive. If one has somehow acquired something they cannot use, it's worthless to them. It's not unusual for artist to barter, trade or outright give supplies away. A couple decades ago I had a scrapbooking store. When I closed, I donated the items to two areas schools. Are you saying I should have refused the offer?
 
I assure you, I'm a reasonable person, and it's absolutely believable. He stated he had tried for a couple years to get rid of the beads and could not. Even tried auction houses. He said, "I just want them gone."

Art and craft supplies are expensive. If one has somehow acquired something they cannot use, it's worthless to them. It's not unusual for artist to barter, trade or outright give supplies away. A couple decades ago I had a scrapbooking store. When I closed, I donated the items to two areas schools. Are you saying I should have refused the offer?

A random stranger 3 hours away from you is much different than donations to local schools.

What I'm saying is that you got scammed.
 
The guy was a pervert and something else (not beads) was on his mind. But when OP actually showed up outside of his house, he got cold feet.

Nothing else makes sense.
 
Back
Top