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Deposit taken, Buyer disappered.

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T

travarelli

Guest
Advice needed. I sold a vehicle via the internet. The buyer dispeappred for 6 weeks. I took his 1000k deposit on Aug 13. The total of the vehicle was 5k. I took a 20 percent deposit a month and a half ago. I waited 4 weeks and relisted the car. The buyer has now resurfaced demanding that the car is his. I feel I don't even owe him his deposit back. What is the law on this matter?

Again 1k of 5.

6 weeks ago.

Buyer said he was in an accident and is entitled to the car.

I've seen no money in the meantime.

Do I HAVE to sell the car to him? Having several better deals pending?

If he changes his mind about purchasing the vehicle do I owe him his deposit back?

If he had returned after 6 months would I still owe him coin?

Thanks
 


T

travarelli

Guest
More

Ok more info.

I talked to the gentleman just now on the phone. He was vulgar and profane. He stated that he's sue me and anyone who bought the car. I asked if the 1k would be worth that trouble and he stated that he owned the car. I stated he never paid for it and only made a deposit of 20 percent. He said the 1k I accepted entered us into a legal agreement. I said if so how long would that agreement last? I asked him if he had disapperead for 6 months, then 6 years would I still owe him the car. He said yes.

I'm not an attorney. But I don't think if he had been imprisoned for 6 years then released I'd still owe him the vehicle.

I told him I'd sell him the car if I recieved payment within 48 hours. He wants to send payment within 10 days.

I have to wait longer?

Also the car is now up for auction on Ebay with several far better offers pending. If the auction ends I have to sell the vehicle. The auction ends in 2 days time.

So I have to kill the auctions for more coin.

Risk the flake disappearng again and still getting no loot for this car and having to pay my roomie to keep it in his spot in the garage.

I have sympathy for his point of view but the threats, profanity and irratinality make it difficult to feel so sorry for this gentleman.

I offered to refund his coin but he wants the car, but he now wants to pay me on his terms.

It's almost as if taking that 1k 6 fookin weeks ago gave him more ownership rights to the vehicle than my own.

I'm freaking out here.
 
T

travarelli

Guest
Said he was in a auto accident. But his first email said he saw the car up on another publication. He's browsing for cars before he contacts me about a car he says he wants?

First email.....

"Travis
I was in a serious accident in California and returned to see the vert listed for sale on Samba, whats UP? Get back to me ASAP. You can't sell a car that's all ready been sold!
willie"

My response.....

"Hello again Willie. I'm glad you are ok. I figured
something had happened or either you had found another
vehicle you were more found of. Either way it was 6
weeks ago that we made our deal. I have since had my
rent increased as the car is kept in my roomates spot
in the garage and I've also missed out on the 4
thousand I would have recieved for the actual sale.
The car is actually listed on ebay atm with several
offers. Fair is fair we made a deal but from my point
of view what would you think and how would you handle
it? I haven't spoken with you in 6 weeks after I made
several attempts to contact you. Your thoughts?"

His retort....


"Fair is fair? You are selling a car that does not belong to you. If you sell it, you will have to buy it back at whatever it costs you. You entered into a contract with me the minute you accepted the $1k down payment. Unfortunately life got in the way and I was not able to be reached, but that does not change out contract in any way. You had better unlisted the car and we can discuss how we can finalize the purchase and delivery.
willie"

After this I gave him a call and he stated the car was his, he didn't want the coin and that he'd sue any and all. He said the 20 percent depo meant he owned the car and if he had been gone 6 months or years I just would of had to hold it WTF!?

Again my ebay auction ends in 2 days, he wants to send the balance of 4k within 10 days :/.

It cost coin to list on ebay. But more importantly if he flakes again, or if he saw a car that he wanted more which is probably what happened this time, I'd be sol once more.

It's Sunday and I'm seeking legal advice anywhere I can. Again this cat is freaking me out and I guess I'm trying to make sense and feel better about the situation.
 
T

travarelli

Guest
I'm in California. He's in Arizona I believe. He doesn't want the money he wants the car. But he wants to pay me in 10 days. I don't feel I should have to wait nearly 2 weeks more. The ebay auction ends in a little over 2 days. If that ends I MUST sell the car to the auction winner. Kill the auction, he flakes again, I'm screwed again.

He's healthy and wants the car. He should have to pay me ASAP no?

The most he would have coming to him in court is 1k no?
Edit/Delete Message
 

stephenk

Senior Member
cancel the current auction and close the deal with Willie.

did you ever notify him during the 6 weeks you were waiting for his contact, that because of his delay, you considered the sale to be void? Did your auction ever state when the deal needed to be completed?

You aren't entitled to keep his $1k and he has the right to complete the sale.
 
T

travarelli

Guest
I called, left several messages and sent several emails. The day I recieved his coin I sent him an email. I have saved all of these. I don't understand how he has a right to buy the car, meaning I don't have the right to sell it. Again I'll sell the car to Willie but I'm not waiting another 10 days. He's healthy and wants it. Pay me asap. This is wrong?
 

stephenk

Senior Member
contact willie and demand full payment in 2 days or the deal is off. if he does not come through, return his $1k and put the car back up on auction.

next time, put a time limit on your auction for payment of funds by the winner.
 

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