fs: 86 turbo-low miles $8500. must sell fast!
08-02-2004, 10:54 AM
#61
Rennlist Member
I am not an attorney, but I would think that since you agreed on a price and sent a deposit, then you have a binding contract. I'd send MichelleJD a PM.
08-02-2004, 11:59 AM
#62
Nerd Herder
Rennlist Member
Rennlist Member
Originally Posted by Carrera51
I am not an attorney, but I would think that since you agreed on a price and sent a deposit, then you have a binding contract. I'd send MichelleJD a PM.
I'm not sure that's good advice. The following is my opinion, and only an opinion.
I may be way off.
That being said, here's my 2 cents worth.
First off, Michelle's specialty is not this type of legal action. I highly respect her opinions in every matter, if she decides to suggest a path, let that be her decision.
You may be best off contacting a Indiana attorney who specializes in interstate law if persisting in legal action is the due course.
Speculation..
Second, seeing as monies have crossed state borders, this may be classified a federal case. If a suit is to be proven it must be presented and adjudicated in Indiana, where the transaction was initiated.
You may want top do research on similar transactions citing e-bay, as the "crossing state borders" transactions and litigations would be there.
I dont't even play an attorney on TV.. just from what I remember while studing tortes and cases.That was a long time ago and I know laws, liabilities and litigation processes do evolve.
08-02-2004, 12:04 PM
#63
Nerd Herder
Rennlist Member
Rennlist Member
FWIW- I just saw (and now am copying) this post from the "I got screwed" post..
Originally Posted by MichelleJD
Promissory estoppel is a wonderful doctrine, but it is equity. If you have a state that has codified the Statute of Frauds (most, if not all, have) you can not enforce a contract for more than $500 if it is not written. Talk to an attorney licensed in your state about this and remember that I do criminal law and my contract law is only enough to get me through the bar!
08-02-2004, 12:20 PM
#65
Race Director
FWIW, if it were me I would just move on (provided that you get your deposit back). Although the car is nice, it is not worth all the headache and issues to try to get it now. If the seller is that shady, who knows what other hidden issues or stories may be out there pertaining to that car that even us local boys don't know about.
Even if you got the car after endless legal hassles, etc, you would have wasted more effort than just continuing to wait/search for another nice one. It's not like you are entitled to "pain and suffering" for this.
That doesn't mean that us local guys aren't going to give this guy total never-ending hell the next time we see him. If he even shows his head around any future PCA events and get togethers. Now that the car is sold, he may have no need for them/us anymore.
Karma has a way of coming around in the end.
Even if you got the car after endless legal hassles, etc, you would have wasted more effort than just continuing to wait/search for another nice one. It's not like you are entitled to "pain and suffering" for this.
That doesn't mean that us local guys aren't going to give this guy total never-ending hell the next time we see him. If he even shows his head around any future PCA events and get togethers. Now that the car is sold, he may have no need for them/us anymore.
Karma has a way of coming around in the end.
08-02-2004, 01:02 PM
#66
Nerd Herder
Rennlist Member
Rennlist Member
Originally Posted by Blue951
I just love those big words...Now only if I knew what they ment.. LOL
Uh Oh.. I just saw this:
Originally Posted by tifosiman
Karma has a way of coming around in the end.
The law of Karma teaches that responsibility for unskillful actions is born by the person who commits them.
http://www.ncf.carleton.ca/freenet/r...hs/karma2.html
08-02-2004, 01:28 PM
#67
Rennlist Member
Chris924s:
I was not aware of Michelle's specialty. I recommended he contact her because she is an attorney and I've seen her offer advice to her Rennlist brothers in the past.
Personally, it just plain sucks that this guy pulled this crap. He uses someone he knows to help him out (getting FREE advertising) in selling his car. Makes a deal, then screws the buyer. You are probably better off looking for another car.
I was not aware of Michelle's specialty. I recommended he contact her because she is an attorney and I've seen her offer advice to her Rennlist brothers in the past.
Personally, it just plain sucks that this guy pulled this crap. He uses someone he knows to help him out (getting FREE advertising) in selling his car. Makes a deal, then screws the buyer. You are probably better off looking for another car.
08-02-2004, 01:34 PM
#68
Nerd Herder
Rennlist Member
Rennlist Member
With the amount of potential clients on Rennlist we could probably keep Michelle quite busy in a private practice should she choose that route.
No harm Mark-
I Hope he shows at the PCA GTG tomorrow night..
No harm Mark-
I Hope he shows at the PCA GTG tomorrow night..
08-02-2004, 04:23 PM
#69
Jane Bond 007
Lifetime Rennlist
Member
Lifetime Rennlist
Member
Originally Posted by Chris_924s
With the amount of potential clients on Rennlist we could probably keep Michelle quite busy in a private practice should she choose that route.
I hope everything works out. Call me if you need me.
08-03-2004, 03:20 PM
#73
Rennlist Member
Thread Starter
don sent me an email back and said that blue951 knew about the original owner to start with and never should have posted that the car was his. He also said they never had a signed contract so he is not legally responsible. IMO this is just dirty business practice. he said that he returned the full deposit so blue951 is not out any money.
08-03-2004, 03:24 PM
#74
Drifting
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He told me that he called the old owner about the car but the old owner never got back to him for over 1 month. I would say thats a down deal right? Any ways F U C K dON and his car. I will find another one.
08-03-2004, 03:28 PM
#75
Jane Bond 007
Lifetime Rennlist
Member
Lifetime Rennlist
Member
[QUOTE=Tom R.][QUOTE=MichelleJD]The official Rennlist attorney, huh? Hmmmmm..........
Better you then me!
I figure with my criminal defense background I could make a killin' defending the speeding tickets alone!
EDIT: Are you saying you want me to do it and then you?
Better you then me!
I figure with my criminal defense background I could make a killin' defending the speeding tickets alone! EDIT: Are you saying you want me to do it and then you?