On January 22, Bob sold me a "portable kitchen". It was actually a hot dog cart used as a steam table and a two burner propane stove. I gave him $4000 cash. He wrote an agreement stating the receipt of the money and payments of $300 per month for the next year for the $3000 owing. The agreement stated that there would be a 5 day grace period, then he would be able to reposses the equipment.
We signed the agreement and had it notorized at the American Legion Post #26 by Kristine Marler. (This is Bob's place of employment where he has a contract to run the kitchen) He told me that he would get me a copy of the agreement over the weekend along with the rest of the equipment.
He delivered the cart, stove, 2 ice chests, 2 menu boards, utensils, frying pan, and 1 folding table late Jan 23rd. He told me that he would bring me the portable garage, cabinets, and condiment tray over the weekend. I was getting ready for a festival the following morning and asked about the propane tanks. He said everything was ready to go.
I got set up at the festival to find out that there was no propane, both tanks were empty. Thank God, the festival director had the insight to tell me to get a temporary permit, because come to find out that the permit on the cart had expired last November.
Next, here comes the board of health. Everything passed except the sink. When I put water in the holding tank, it poured out the back. She was going to shut me down but my neighbor said I could use his.
I told Bob about the sink. He shouted that he never had any trouble with it. I said, "For the amount of money I am paying, he should be responsible for the repair." He came over to look at it and said that he would fix it.
For the next two weeks, I called him constantly and went to the AmericanLegion to meet him face to face. He always had an excuse. Either he was sick, busy, in a meeting, etc.
I spoke with Victor the manufacturer of the cart. First he told me that Bob charged me double what a brand new cart would cost. Then he said he would fix it and guarantee it for $625.
I told Bob that I would have it fixed and take it off the payments that I owed him. He said, "Absolutely not, that's way too much money, I can fix it for way less." I said, "Yes, but you are too busy to get to it and I need to get to work, I am out of time and money and can't wait any longer." He said he would be over to fix it but I had to get a drill for him to use.
I borrowed a drill from my brother. It took him another week to get to my house. (Mind you, he keeps ignoring phone calls and messages)
He took the cart apart and told me that his hand was too big to fit under the sink and he would be back the next day with tools. He never came back and hasn't answered my calls since.
I went to the American Legion on February 17. He shouted at me that he had no time for me. I said I would wait. He said, "Well, you'll be waiting a long long time." I sat down with a cup of coffee and started reading a book.
About an hour and a half or two hours later he came over to me. I handed him an agreement that I wrote up asking him to defer two payments. He got mad, slamed his fist down on the table and said he refused to sign that. That he would not defer payment. I said, "You are selling me an inoperative business and still expect payment? Are you kidding? Look just give me my money back and lets just forget this whole thing." Then he said he might defer one payment. I told him to put it in writing. He said he would. As he was getting up he said he would be there Thursday to fix it.
He got up, walked out and got in his car and drove away.
Members of the Legion came over to me and said that he was telling everyone that I would not be able to work the thing and that he would have it back in no time.
That was the last contact I had with him. He never came over to fix the cart, never called or answered a call. I never got a copy of the bill of sale or the other equipment.
Without the bill of sale, even if I fixed it on my own I would not be able to get it registered.
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