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Please help with this discusting situation - UPDATED WITH E-MAILS

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Old 07-08-2009, 10:25 PM
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aircooler
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Default Please help with this discusting situation - UPDATED WITH E-MAILS

Unfortunately I find myself writhing this post asking for help/advice/input on how to handle a discus ting situation.

A few months ago, I decided to sell my S4. I just am not driving the car, and it sits under its car cover for 10 months of the year. With 2 small kids now, that is not going to change any time soon. That, and I want to get going on my 964 turbo body project.

So I finally get around to listing the car for sale, and I get a few interested parties, with many questions. I am very busy with work right now so I draw up a list o dates that I can show the car and a couple of these guys write back that they will get back to me with a day they can come out.

On Saturday, a gent calls who says he is very interested and wants to come to see the car in a few hours. That's no problem, I am home that day. He comes out to see and drive the car, and he likes t. He tells me he wants to buy the car, and gives me a $1k deposit. It is agreed that I will have the car all saftied, and ready to go on Monday or Tuesday.

That's great, or so I thought.

The next morning before I leave for work I sent an e-mail to the other interested guys saying that the car was sold pending full payment. Well...one of those guys is pissed that he did not get to see the car. He writes me accusing me of being low, and dishonest and a liar. For What?? For selling the car to the first person who commits to buy it? Christ, this guy has not even seen the car, nor have I made any guarantee to hold it for him, let alone confirmed a time he could come see it.

Then he threatens me that he is going to tell everyone how much of a liar (still don't know about what) I am. This is all by e-mail, and I still have all of his ramblings.

I tell my wife, "what a nut job. I'm glad I am dealing with the buyer I have rather then this freak".

Well low and behold another e-mail shows up from this nut, saying he has posted craigslist posts about me online, and what goes around, comes around or something of that nature. I check, he has. He has concocted some story about my mileage been false to scare off anyone who is interested in my car.

It's there now on TO craigslist! I have deleted a couple, but he keeps reposting.

Then today, the guy that committed to my car with a deposit writes to tell me that he no longer wants the car. I ask him why, and he refuses to tell. I know it is because of this nut jobs craigslist posts.

WTF!

This nut job is slandering me online, and is trying to stop me from selling my car. Why? Because he did not get first crack at it is the only reason I can possibly see.

Does anyone have any suggestions as to how I can deal with this disgusting situation? I will not be able to speak with my lawyer until early next week.

Very disappointed at the human race,
Michael

Last edited by aircooler; 07-10-2009 at 04:02 AM. Reason: spelling
Old 07-08-2009, 11:04 PM
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theiceman
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wow what a story ....

there is not a whole lot you can do .. other than deduct the cost of the safety andf other money you spent preparing the car for the seller since he backed out . This may spur him on.
Then again the whole thing could be a set up by the two of them for you to drive your price down .. you never know..
You should have posted the craigslist post for a laugh.
You have to keep in mind we only have your side of the story too ... sounds a little odd ball and there may be more to this than meets the eye ...
sorry but i'm just sayin ...
Old 07-08-2009, 11:15 PM
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Crazy Canuck
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If you have a signed agreement and any conditions have been satisfied your buyer who is attempting to back out is in breach of contract. You are under no obligation to return his deposit.

As for the other douchebag, I don't see why he's upset. You snooze, you lose. Fighting his slanderous ways will be difficult and expensive. I would try calling the cops and mention that he's threatened you.
Old 07-08-2009, 11:19 PM
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weatherthedecision
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Just be the adult in the situation. Regardless of what happened, nothing decreased the value of the car. The price you were seeking should not change. Don't respond to these trolls. If anything, the next time you decide to list the car, create a new e-mail address as your contact information. It's a fast, painless step to take and this way your new e-stalkers won't have any way to determine that it's you.


As for the $1000 deposit, well, you could consider that recouping your losses from prepping the car for this indecisive jerk in the first place.



Drew
Old 07-09-2009, 02:01 AM
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Thanks guys,

I am at work tonight, but I should have time tomorrow to cut and past the e-mails I got from the nut job who is putting up the craigslist posts.

At least it may give warning to others as he is, or at least that is what he told me in his e-mails, looking to buy a Porsche. I'll post his name so others can be forewarned.

As for the buyer, I don't really harbor any hostility, just irritation that he obviously has been sucked into this guys BS. That, and time wasted. But really, wouldn't he just ask what the story was? If I were to believe every rant that I read on the Internet from someone I know nothing about, I would just jump off a cliff.

My wife also thought this was all to drop the price so the car would go cheaper. Me personally, I would not give this jerk that much credit. I don't need to sell the car anyway, so I will not be giving it away.

I will write craigslist, but I'm not holding my breath there.

So no other suggestions?

Has anyone had a similar experience? If so, what did they do?

Any help/input is greatly appreciated,
Michael

Last edited by aircooler; 07-10-2009 at 03:06 AM. Reason: spelling
Old 07-09-2009, 02:11 AM
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Originally Posted by aircooler
Thanks guys,

I am at work tonight, but I should have time tomorow to cut and past the e-mails I got from the nut job who is putting up the craigslist posts.

At leaset it may give warning to others as he is, or at least that is what he told me in his e-mails, looking to buy a Porsche. I'll post his name so others can be forwarned.

As for the buyer, I don't really harbour any hostility, just irritation that he obviously has been sucked into this guys BS. That, and time wasted. But really, wouldn't he just ask what the story was? If I was to believe every rant that I read on the internet from someone I know nothing about, I would just jump off a cliff.

My wife also thought this was all to drop the price so the car would go cheaper. Me personally, I would not give this jerk that much credit. I don't need to sell the car anyway, so I will not be giving it away.

I will write craigslist, but I'm not holding my breath there.

So no other sugestions?

Has anyone had a similar experience? If so, what did they do?

Any help/input is greatly appreciated,
Michael
If you have the Craig's list posts, and this guy's info, that is all the evidence
you need to take him to court,
and get your bank account properly loaded (by him of course).

Not that you wanted to go to war, but the war was already set for you.
Now go to war and get your money- then you post his loss on Craig's list.
John
Old 07-09-2009, 06:17 AM
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I would certainly give some serious thought to deducting your expenses from the deposit and the next time you list I would include in the ad that the deposit is non refundable. I would also not let any potential buyer drive the vehicle until a deposit by certified cheque, money order or cash is given to you and at that time a receipt should be given outlining the price and the conditions of the sale. If these nut jobs are going to give you and your family a load more of stress then just tell the guy to come and collect his money and wish him a very pleasant day. Smile close the door and give your wife a hug.
Old 07-09-2009, 08:19 AM
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Originally Posted by Bergamasco
I would certainly give some serious thought to deducting your expenses from the deposit and the next time you list I would include in the ad that the deposit is non refundable. I would also not let any potential buyer drive the vehicle until a deposit by certified cheque, money order or cash is given to you and at that time a receipt should be given outlining the price and the conditions of the sale. If these nut jobs are going to give you and your family a load more of stress then just tell the guy to come and collect his money and wish him a very pleasant day. Smile close the door and give your wife a hug.
Why give the deposit back? Unless he wrote on the bill of sale/receipt that it was refundable there is no legal requirement. A deal is a deal. THere is no cooling off period in Ontario for this type of sale.

BTW, certified cheques do not guarantee funds are there when you deposit the cheque, only that they were there when the bank checked. Guys are getting cheques certified only to clean out and close the account before the depositer can get to the bank. THey also are making their own stamps.

Bank drafts are better but even then, look up the phone number of the bank branch in the phone book (number on draft could be the guy's accomplice) call the branch and verify the draft is for the proper amount. "Modifications" are sometimes made.

Cash is king but also check the bills are ok. Go to the bank of canada website and see what security protection is on what bill. The older $100s and $50s were forged much more than the new ones. Check each bill. PITA but you never know.

Seller beware.
Old 07-09-2009, 12:15 PM
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I always thought cert cheques when endorsed by the bank, the funds are removed from the account and held by the bank.





Originally Posted by Crazy Canuck
Why give the deposit back? Unless he wrote on the bill of sale/receipt that it was refundable there is no legal requirement. A deal is a deal. THere is no cooling off period in Ontario for this type of sale.

BTW, certified cheques do not guarantee funds are there when you deposit the cheque, only that they were there when the bank checked. Guys are getting cheques certified only to clean out and close the account before the depositer can get to the bank. THey also are making their own stamps.

Bank drafts are better but even then, look up the phone number of the bank branch in the phone book (number on draft could be the guy's accomplice) call the branch and verify the draft is for the proper amount. "Modifications" are sometimes made.

Cash is king but also check the bills are ok. Go to the bank of canada website and see what security protection is on what bill. The older $100s and $50s were forged much more than the new ones. Check each bill. PITA but you never know.

Seller beware.
Old 07-09-2009, 12:32 PM
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Chris: The banking lesson is well taken I am sure. At least in terms of the deposit this money or form of payment can be checked before the vehicle is paid in full. Perhaps final payment should be wired to a bank account set up especially for the sole purpose of selling your vehicle. What form of payment do you feel is safest for final payment?
Old 07-09-2009, 12:59 PM
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Speedyellow993
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Keep the deposit unless the buyer can give you a good reason for his breech of contract. Let the buyer take you to court to try and recover it. Consider the Money was used for services the buyer requested at the buyers expense and you perform on his behalf.

Don't bother wasting your time to chase the craigs list guy. Who even knows if the guys is really in Toronto. If so he might even end up being a minor.

Craigs list is famous for Scams!

....my 2cents
Old 07-09-2009, 01:00 PM
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Quite frankly you have a verbal agreement on a sale with a deposit against the total payable. There is no legal agreement on either party to complete this transaction. You could have sold this car out from under this buyer and as long as you refund his $1000 there is nothing he could have done. Equally he has given you $1000 on the verbal *promise* that he will complete this sale. If you keep his $1000 he could go to small claims court and seek to get it back under the excuse that you have no contract on paper as to the terms of this deal.

It would be up to the judge to decide if you were correct in keeping the money or at least deducting your expenses. I would tend to think that if you only deducted your out of pocket expenses that this would be looked upon as a fair situation. You could argue that the $1000 was holding your car off the market and as a result you have lost a firm sale and the $1000 is fair return for this lost sale. The downside is proving that you had a firm sale. Your nasty emails could prove this as you had an upset buyer.

I find it hard to believe that you are getting these nasty emails from a person who has yet to see your car or come to a final price point with you. Something does not smell right here and the sudden withdrawl of your offer from the other person is suspect.

Have you contacted Craigslist security yet? It would be interesting to see the IP address listed againts this person who is bothering you.

Most people would have moved on by now so the fact he is still fixated on you is weird. It's not like it is ebay and he won a bid and you won't provide the product. Craigslist is no different then an ad in Autotraders and you call up and the car is sold. My BS meter is off the scale on this one.
Old 07-09-2009, 01:08 PM
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PS.....I'm pissed off for you! But nothing you can do without becoming more of a victim.
Old 07-09-2009, 02:05 PM
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You have kids - look at how effective ignoring certain behaviour can be. I'll leave the craiglist guy alone and let him run out of steam. Crazy people like to keep the fight going.
Old 07-09-2009, 02:16 PM
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Hey Mike

I just saw this post, man that sucks! My thoughts are to keep the deposit and keep any documentation of this whack job's slanderous remarks. As far as the two of them being in on it together, I doubt it. If so, it would be stupid to give you $1000 and then back out of the deal knowing you could just keep it. I would edit your ad and get a carfax or carproof showing the proper mileage and let the guy that gave you the deposit know and see if it changes his mind.

Maybe the 928 gods really want you to keep the car!

BTW, he just posted one of his bull**** slander ads on Toronto Kijiji and I reported it as fraud/scam/offensive.

Last edited by Cosmo Kramer; 07-10-2009 at 12:31 AM.


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