Incomplete Painting Project. question on how to handle

[kbolster12345]

Thanks in advance for taking the time and consideration for constructive feedback.

So I traded a High Elf army to a person. In return he was to paint an Ogre Kindgdom army and match the paint job to some models I previously painted. He has completed some work on the models. Mostly assembling, cleaning, some conversions (nothing to major), and basecoating (only on some models).

The person has fallen on some hard times and wants out of the contract. So in the last email he said nothing about returning the HE to me. Which that sort of leaves me in a pinch and mixed feelings. One the one hand some work was completed but the amount of the work actually makes the OK models worth less than they were just on sprue. Also I may be out the HE army which is about all I have to get the OK painted.

My question is do I have the right to ask for the HE army because the project wasn't completed? After all I did send him the HE so he would complete the painting not assemble and prime. To me it seems like I should get both back as the uncompleted work isn't worth anything to me and actually devalued my items.

[montaa]

You have entered a contract with this person. While I do not know the exact details, essentially you gave them something in return for another something.

Your payment was in the form of a Warhammer Army.

His payment was in the form of work to be performed on models to bring them to another state. Essentially he is consulting, which is a non tangible value add.

Now I assume there is no formal contract anywhere, so terms have not been created to deal with a situation like this. This is not an assault on your character, just a reality of normal people trying to do something they perceive as simple.

From the letter of the law, the other party is asking to break the contract. You have a right to some or all of your payment back because the contract has not been fulfilled.

Communication is your key ally here. Some people will say f*** him, he's a douche, and he may be a douche, but that’s not the point. If you threaten people, they go on the defensive.

In chronological order, I would:
1:-D Ask for everything back, neatly packaged and for him to pay shipping (you get everything)

2 Ask for everything back and arrange shipping (you get all the tangible goods, pay for a bit of shipping)

3:'( Ask for all the Ogres back and agree to pay something for services rendered to this point (some elves, a bit of cash to be paid when all elves and ogres are returned.... <--- new contract )

4:evil: When communication has been closed, threaten him with lawful action. Remember that contracts across state lines are Federal by definition. The concept of a Sheriff serving an interstate commerce warrant on ones self should be proper motivation to get a move on.

5:shocked: Sue him (this WILL cost you more money than both armies are worth)

In the end, douches will be douches, but I hope each of you has a level head and it can be resolved with minimal hassle.

[kbolster12345]

At this point nothing this guy has said or done has indicated that he is a "douche". If half of what he is saying is actually going on then I can certainly understand his reluctance to work ont he project.

I am really just hoping that I get both armies back so that I can offr the deal to someone else.

[Morlock-Bloodletter]

If he is set on stepping out of the contract then you need to break it in it's entirety.

That means you get the HE back in full and the Ogres are returned.

All he has done thus far is put some effort into gluing them and a basecoat... there isn't a way to gauge that.

But you should offer to pay the shipping of your models back to you... that way he isn't out any more money and you are basically paying the shipping of the models back in exchange for what little work he HAS done.

Also, neutral feedback is warranted with a brief explanation of the situation. That way things like "my mom passed away" or "my dog ate it" don't become a habitual excuse from the same person. I mean if he gets several piece of feedback that say "his mom died" then either he's lying or he has 7 moms?

Anyway, I hope this helps.

[kturock]

don't forget, it's mail fraud. promising something and then not sending it after receiving payment is mail fraud.
if you don't receive your full item, you're allowed to return it for you full payment back. that's the law.
he didn't fulfill the itmes so he must make the return.