Location: Pennsylvania. My husband wanted to buy a gaming laptop so he decided to ask for donations on his stream to help with the costs. This one person donated $800 and a few minutes later said he wanted the gaming computer since my husband wasnt gonna need it anymore and he agreed on giving it to him. This person lives in NY and since then we’ve been waiting for him to come pick it up. The person knew we couldn’t drive to him and the person also doesnt own a car to come to us and doesnt want it to be delivered by mail. We are about to move and cant keep this computer. Am I in the wrong for wanting to sell it to someone else?
Comments
No you’re not wrong but I would give them a 2 week heads up and say after 2 weeks it’s gone
The whole thing is [most likely] moot because the initial $800 was a donation, according to what you have said, and the subsequent promise to give something in exchange is past consideration. The “Buyer” can’t enforce a promise made against his admittedly gratuitous gift. A valid contract requires the agreement to be based on mutual consideration. If someone gives a gift, it’s a gift. Read that Wikipedia article, if it helps.
Now, ignoring the gift, the sale of goods is typically governed by the Uniform Commercial Code. You probably set the terms of the contract without realizing it, but if you didn’t the default under the UCC is at the place of the seller. The contract is a two-way street, and you can [probably] charge them for storage of the property that belongs to them for one year.
ยง 2308. Absence of specified place for delivery.
“Unless otherwise agreed:
(1) the place for delivery of goods is the place of business of the seller or if he has none his residence; but
(2) in a contract for sale of identified goods which to the knowledge of the parties at the time of contracting are in some other place, that place is the place for their delivery; and
(3) documents of title may be delivered through customary banking channels.”
Ignoring that it’s a gift, if the Buyer doesn’t pick up the computer, then that’s a breach of the implied term of the contract above that pickup is at the residence of the seller.
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