Legal Eagles! What do I do next???

[cab83_750]

As a background, I advertised a 77 911S for sale, a Canadian buyer partially bought it by wiring 2/3 of the price. I am still waiting for the 1/3. Now, it has been WEEKS since I heard from our fellow Pelican member.

His email does not work anymore. My phone calls remained unanswered.

What do I do now?

[Matt_C]

I'm not a lawyer, BUT it sounds like you're making a good faith effort to contact him and finish the sale. At this point I would go ahead and sell it to another buyer and see if he ever comes back for the money.

Put the money in a CD and let it ride for awhile. If he comes looking for a refund, take a deduction for the time and trouble of finding another buyer and refund him the difference.

If he does contact you again, I’m sure he’s going to have a great story about what happened!

[jbripps]

Hi there,

Geez, it's usually the opposite that we are reading about. You MUST establish a paper trail for yourself. Send him an overnight letter detailing the transaction. This way, you can hopefully establish actual/personal notice of your intentions. In that letter, give him 5 business days to respond, and also include that if he doesn't, you will move on.

In all liklihood, when he resurfaces, he will want his money back, which you must return. He doesn't get the car, so you don't get to keep his moola, get it? Any court may award you "damages", but here, once you sell your car, you won't have any major damages. The court will not be very keen on a windfall either, so put the dough away until he comes begging. I am only suggesting that you establish the trail to protect you if he ever attempts to sue you for selling "his" car. Be very detailed in your letter and document the times and dates you have called and left messages. It will all help you in the event a suit arises.

Just my 2 cents.

regards,

Cab,
That guy is a flake. I sold him a part that he made partial payment on and then he disappeared. I've sent emails and pm's but get no reply. The part is about to go back on the market.

Did you transfer title or give him a BOS?

[cab83_750]

Mark,

Are you the one who sold you the bumpers? We are talking about Sean, right?

No, I did not do the transfer. Although I 'almost' mailed BOS, title, paperwork, etc., nothing transferred except the money transfer.

Yup, same dude. Also, Sean bought a glass rear bumper from another board member, paid for it and then didn't send shipping instructions. Far as I know, the rear bumper is still not shipped either. It's just weird.

If I were in your shoes, I'd put the car back up for sale. I'd hold back a part of the down as non performance penalty and let storage charges add up for 6 months till his equity is gone. Just send him a certified letter telling him what you are doing. Good luck.

[ubiquity0]

This guy sounds like the opposite of a scam artist?!? Sending money for parts & then vanishing.

[dotorg]

Jon,

He only has to refund the money put down minus the difference between their agreed price and the price he sells it for.

Ie, if the first buyer puts $6k down on a $10k car, flakes on the other $4k, and the car sells for $9k to a second buyer, I am pretty sure the seller is only under any obligation to return $5k of the money not all $6k.

[ubiquity0]

I don't think thats how it works

Otherwise you could sell the car to a friend for $1 then ask the original buyer for another $2999 to make up the difference. Then buy back the car for cheap

[84porsche]

Sounds like your buyer has too much money if he is buying things and not paying them off or he is buying them on layaway. Because you are dealing with Canada, check Canadian law also so you don't have any double problems. I am not sure which takes precedence, buyer or seller??

[dotorg]

ubiquity0: I just looked it up, and I was mistaken. Here in MA, the seller is under NO obligation to return any of the money at all.

For what its worth...

[dotorg]

Oh, and in regards to my first comment, an agreement to purchase a car is a binding contract... and the seller is absolutely within their rights to claim and keep from the deposit any loss he or she has as a result of the buyer backing out.

Lacking any specific signed paperwork otherwise, the seller doesn't have to return anything though, at least here.

[ubiquity0]

I would be concerned about making sure you records for the agreed purchase price amount. You don't want the 'buyer' to come back at you claiming that the money he sent was the full amount & that you failed to deliver the car

[Thomas Owen]

Maybe he is in the CIA and gets sent away on clandestine operation in the middle of the night. Or, He may just now be returning from Virginia with a rusty 911, complete with Gas Burners, on a trailer.

[KNS]

If your car was advertised over the internet, then it could be interpreted that you were selling out of state. Or that he was shopping out of state(?). In your next correspondence with him, sent certified mail, state that if a dispute arises, then it must be resolved in your (the sellers) state. Beat him to the punch so to speak, if he should seek litigation. I doubt it though as this guy sounds like a flake. Just CYA!

Buyer is Canadian. (not that there's anything wrong with that)

[svandamme]

i've got a nice 993 TT for sale, 20 K , just for him
if he coughs up 5K deposit and sticks to his MO

Originally posted by Thomas Owen
Or, He may just now be returning from Virginia with a rusty 911, complete with Gas Burners, on a trailer.

that can't be , coz i've got that rusty 911 , minus the burners which are already sold

[Grady Clay]

Review this thread about purchase agreements.

the buying process

Best,
Grady

[Grady Clay]

I just went back and re-read the above thread I posted.
I see a possible scam.

What if he shows up (calls, e-mails) and wants his money back. You negotiate for some lesser amount and wire him your funds. A month goes by and your bank charges your account for the original deposit of his funds because the transfer was invalid for some reason (yes, they can do that.) You are now out the amount you refunded him.
Ask your bank in writing.

This could be a twist on the Nigeria scam where the buyer sends you a “cashier’s check” for more than the sale price and asks for change in valid funds. The “cashier’s check” turns out to be counterfeit.

Best,
Grady

[svandamme]

y'all have some messed up banks there in the US
over here , if the money is in your account
it's there to stay > banks cannot simply undo a transfer