Seller canceled deal on 928GTS now an ethic?
#16
Burning Brakes
#17
Rennlist Member
Opps looks like your situation changed as I was writing my post. Get up there. Even if he thinks he wants to back out again, still go on up. Be respectful, knowlegable, etc. If he likes you and feels you will take good care of the car that will remove any doubts he has.
#18
Rennlist Member
And if he backs out this time, personally hand him his copy of the 1099-Misc for all your trip expenses.
#20
Drifting
That's what small claims court is for. There in N.J. it's $20 to file. You go in , sing your song to the judge and get a verdict. If the defendant is 'NO Show' 3 times you get a default judgement. If he doesn't pay, a bench warrant for contempt is issued. and he goes to jail the next time a cop stops him. You can ask for damages and legal fees and if he P.Os the judge by not showing, you may also get punitive damages too. Something to check into.
#21
Addict
Lifetime Rennlist
Member
Lifetime Rennlist
Member
Did you put down a deposit on the car?
If so then you have legal recourse, including return of the deposit and reimbursement for the flight.
Up to and including that he be compelled to follow through on the sale.
If so then you have legal recourse, including return of the deposit and reimbursement for the flight.
Up to and including that he be compelled to follow through on the sale.
#22
Three Wheelin'
Happened to me once trying to buy a Lotus in Dallas. Offered asking price and sent a PAYPAL deposit of $500 non refundable to show I was serious. Purchased a ticket and he had a change of heart the day before I was leaving. He never accepted the deposit through PAYPAL so I was basically left with a ticket that I could use another time.
I once sold a Ferrari and the buyer overnited me a contract to sign. I always thought it was overkill for a owner to owner deal, but looking back, if I was a flake, he would probably get the car legally.
I once sold a Ferrari and the buyer overnited me a contract to sign. I always thought it was overkill for a owner to owner deal, but looking back, if I was a flake, he would probably get the car legally.
#23
Rennlist Member
GLWP, hope it works out.
That said, anybody has a right to change their mind, assuming no binding agreement like a signed contract.
That said, I'd feel a moral obligation to reimburse consequential losses to somebody I'd closed the door on.
Sounds like it's moot, thankfully.
That said, anybody has a right to change their mind, assuming no binding agreement like a signed contract.
That said, I'd feel a moral obligation to reimburse consequential losses to somebody I'd closed the door on.
Sounds like it's moot, thankfully.
#24
Rennlist Member
My second 928 buying experience was only similar. I bought a really nice S4 on eBay and sent the young seller the full price with a cashiers check. I also requested that he, at my expense, have the AC serviced so I would have AC for the drive home from Toledo Ohio. Then, the day before I was to fly out he sent me a message telling me how on the way to get the service done he was rear ended and now the right rear of the car was damaged; so he was very sorry and where could he send the money back.
Then I told him I needed to see the pictures of the damage and to know the name of the lady and her insurance company so I could deal with the matter myself. Then I sent him a "nice" letter on my law firn letterhead and included a copy of the Uniform Commercial Code as it relates to damage to goods identified to the contract. I also gave him the name of my collegue in Michigan, his state, who would be helping me with the matter if there was any problem.
Then he gave me some song and dance about how he really didn't want to sell the car because in it was where he had proposed to his sweetheart. But then he said "ok, if you really want it that bad!" I had to buy a second ticket to toledo, and when I got there the next week his folks met me at the airport with the car, and of course it was in perfect condition. I drove it almost straight home with an overnight and brief stop at Osh Kosh at the big air show, then 22 hours straight home. I was going to spend another night in Nebraska, but when I got there and far enough in it was raining cats and dogs and there was no room at the inn, so I just came on home, getting here about 11 the next morning. The AC, which had not been service actually worked for most of the trip.
Aside from no damage to the car, I have looked, but still have never found any evidence of the consumation of his engagement in the car.
Then I told him I needed to see the pictures of the damage and to know the name of the lady and her insurance company so I could deal with the matter myself. Then I sent him a "nice" letter on my law firn letterhead and included a copy of the Uniform Commercial Code as it relates to damage to goods identified to the contract. I also gave him the name of my collegue in Michigan, his state, who would be helping me with the matter if there was any problem.
Then he gave me some song and dance about how he really didn't want to sell the car because in it was where he had proposed to his sweetheart. But then he said "ok, if you really want it that bad!" I had to buy a second ticket to toledo, and when I got there the next week his folks met me at the airport with the car, and of course it was in perfect condition. I drove it almost straight home with an overnight and brief stop at Osh Kosh at the big air show, then 22 hours straight home. I was going to spend another night in Nebraska, but when I got there and far enough in it was raining cats and dogs and there was no room at the inn, so I just came on home, getting here about 11 the next morning. The AC, which had not been service actually worked for most of the trip.
Aside from no damage to the car, I have looked, but still have never found any evidence of the consumation of his engagement in the car.
#25
Drifting
Probably hates selling but needs the cash. Been there, done that.
Looking forward to the pictures.
#26
Archive Gatekeeper
Rennlist Member
Rennlist Member
never found any evidence of the consummation of his engagement in the car.
#27
Rennlist Member
Thanks, Rob. I suspect that your selection of the 9069 might be just the tool to find the evidence since it was probably a style something like that that might have been used in the 928. It is amazing the experience and knowledge that is found on this Forum.
#28
Burning Brakes
#30
Rennlist Member
The Statute of frauds precludes the enforcement of a contract for over $500, unless it has been performed. In my case I had sent him the entire purchase price and he had put it in his bank.