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BobnJoz
 
Join Date: May 2000
Location: northern ca
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Selling your 911 in Northern CA? Read this first.

I originally advertised my '72 911T on CL and then got an email from someone saying that they could sell it with confidence. I reluctantly called and he went through his sales pitch. I asked him in more ways than one, "if the car doesn't sell, what are my total out of pocket costs?" Since, I checked into selling it through a specialty dealer in my area and they charge a monthly storage fee, which I did not want that out of pocket expense since this car will need a certain buyer that may take time to find. He told me, on the phone, that the total costs would be $350. for an inspection and $100 for detailing and photos. That's all he mentioned. So, I agreed to bring it in. I was worried about driving my car in downtown SF to the dealership so they said they'd send a truck to pick it up and would cost "around $100". I agreed to the truck to pick it up. After that, I went to the dealership to drop of all documents and spares for the car and signed the appraisal form. A few months go by and no word. I suggested, lowering the price. They said, "No, there's other cars like yours out there for higher prices". A few more months, I decided to list my car on Bring a Trailer. They said, give them another chance and they'd focus on it now. A few more months and nothing, so I wanted to get my car again and now they say, they have an offer but need more time. The offer fell through. Again, I wanted to get my car and now they have a second offer but I asked them my costs to get my car back. NOW, they brought up storage fees and detailing was at $1500, the truck for shipping was now at $219.
Now for the big part. I told them, I didn't know about the storage fees. They said it's normal and they need to make money and it was in the contract. I asked for a copy of the contract and they replied via email, "Here is the contract you signed". Yes, it showed storage fees but the signature field was blank. I responded, "It didn't look familiar, could they send the one that I did sign". They sent the same one, but now it's signed but not my hand writing, but my name. It was forged.
They never admitted it but said, "Walter decided to wave the storage fees". So fees were at around $2100. They did do a paint buff out which I expected to be a little more but not $1400 more. A week went buy and I'm coming to pick it up and now the negotiating gets kicked over to Walter, the owner. The Storage fees are back on, the trucking is now up to $295 and also some repairs are added in, (which I knew nothing about). The bill to pick it up now, is over $3700. (which I didn't have). I was leveraged into selling them my car at a low price, that they originally claimed was worth $85k plus. And then, as other negative Yelp reviews say, they start insulting your car. As if they were reading a script.
Attached are photos of my real signature on the appraisal form and the forged one on the contract. Notice the "rt" are not the same. They tried to disguise it over the top of my printed name that they wrote in. Many people will accuse a company of things with no proof. Well, here it is.
They never apologized or even responded to these issues in my emails. I found it amazing, that this is not about just one rogue employee but three involved. This is just "my" experience and I will never go back. What you do, is up to you.
By the way, this is Dawydiak Cars auto.





Old 01-17-2020, 06:42 PM
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Under the radar
 
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A guy I know, who happens to be a lawyer, was in a similar situation.

He picked up his car on Friday afternoon after writing a check. He went immediately to the bank and stopped payment.

In court much later, the judge ruled in my friend's favor.

Just sayin'.
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Old 01-17-2020, 06:59 PM
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Wait, you sold them your car to get out of the $3700 invoice? What is the law here? Can you take back your car and tell them to sue you for the $3700 in court?
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Old 01-17-2020, 07:01 PM
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If they forged your signature on anything, they don't have "clean hands" in the eyes of the law. Pretty much a slam dunk. Gordon's lawyer friend did EXACTLY what should have been done. Actually, he could have done it one better and showed up with the local sheriff to retrieve his car without paying any bill.
Old 01-17-2020, 08:25 PM
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Quote:
Originally Posted by dannobee View Post
If they forged your signature on anything, they don't have "clean hands" in the eyes of the law. Pretty much a slam dunk. Gordon's lawyer friend did EXACTLY what should have been done. Actually, he could have done it one better and showed up with the local sheriff to retrieve his car without paying any bill.
Forgery aside, I believe in CA liens are automatic, so retreiving the car is not as easy as it sounds.

"If a person has repaired, furnished supplies/materials for, or towed or stored a vehicle and has not been paid for the services rendered, that person has a lien against the vehicle. A garageman’s lien arises at the earlier of either (1) the time a written statement of charges for completed work or services is presented to the registered owner, or (2) 15 days after the work or services are completed. See Civil Code § 3068(a)."
Old 01-18-2020, 04:59 AM
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A lein gives the mechanic no right to keep the car. I've been down this road on the mechanic end. Title doesn't change because of a civil dispute. Like I said, you can show up with the local sheriff to retrieve the car. I've seen it done and got stiffed on a bill.

And in this case the party committed a felony. They'll be lucky if they don't go to jail over it.
Old 01-18-2020, 09:32 AM
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Jail? The owner seems to have sold them the car and moved on.
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Old 01-18-2020, 10:15 AM
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Dawydiak?
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Old 01-18-2020, 10:23 AM
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Quote:
Originally Posted by sugarwood View Post
Jail? The owner seems to have sold them the car and moved on.
according to the OP, they forged his signature
Old 01-18-2020, 10:31 AM
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Is this your car?

https://www.carsauto.com/1972-porsche-911-t-c-1836.htm
Old 01-18-2020, 10:44 AM
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BobnJoz
 
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Yea, I've posted on the "Legal" forums and a few have said that, if I would go to court, the judge would asked the dealer to show a contract. The forums don't go out on a limb to tell you the end result, but it was sure suggested. If I did go to small claims court, I don't know what to show for damages. It would all be speculation, I believe? It would be easy to prove the forgery with a certified hand writing expert but that was around $500 from my research. So, I proved Dawydiak (and employees) are felons. What's that get me? All the legal experts suggested to "get the car back, then take action". Yea, I guess I took the easy, painful way out. But, I was able to get things done and have a new project car on the way.
I know, $3700 seems like small potatoes but I needed the car sold. I retired a few years ago and living off rental incomes. 2019 was a bad year with tenants and the damage they can do so bills were mounting. I didn't have the $3700. (they don't take credit cards either), so selling at a discounted price was my only option. And, there was no guaranty what I could sell it for and how long it would take. I wanted the headache to end.
Thanks for the responses and comments. I really didn't think anyone would be interested in this post, just another soar looser whining.
Old 01-18-2020, 01:24 PM
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Troll Hunter
 
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They've got it for sale for $69K. I don't know how much of a haircut you took, but that's pretty good money for that car. If there was more in it to be had, they'd be asking for it.

So...if you got a quick $50k, you didn't do all that badly for a fast sale. A slow sale would've yielded more, but you needed it gone.

Still, the whole thing sucks. Sorry.
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Old 01-18-2020, 02:09 PM
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Did I miss something or do you not have a written contract signed by both parties before getting into this business arrangement ?
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Last edited by pmax; 01-18-2020 at 03:35 PM..
Old 01-18-2020, 02:51 PM
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Functionista
 
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Moral of the story: Get a legitimate broker to help sell something of high value that’s in high demand. With everything in writing...
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Old 01-18-2020, 03:18 PM
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gearhead
 
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Quote:
Originally Posted by sugarwood View Post
Jail? The owner seems to have sold them the car and moved on.
Are you actually defending the crook?
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Old 01-18-2020, 04:27 PM
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Wow this is a nightmare. Would have paid the money, took the car and sued civilly as I had to do. It is a civil matter and without a signed contract they can’t legally enforce it. However they still would have your car. You could quite frankly just take your car if that was possible but wouldn’t risk damaging their property or assaulting someone. Even with a lien you have a right of replevin you can legally enforce with a judge’s orders and take your car. So many options besides selling them the car. It seems that perhaps that was beneficial enough for you to agree to it. Not saying don’t warn others but you did agree to this option

Last edited by nathanbs; 01-18-2020 at 06:20 PM..
Old 01-18-2020, 06:18 PM
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Spread their name and your story every chance you get. Word of mouth can be best revenge.
Old 01-19-2020, 11:50 AM
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Quote:
Originally Posted by Matt Monson View Post
Are you actually defending the crook?
Seems like a "well respected" member of local high society ... not that shocking anymore how the OP fell for what's essentially a bait and switch. The fact that this started with a handshake deal is irony.

Quote:
In 2011, Dawydiak bought a sweeping space at Pine and Van Ness on a handshake from the previous owner
...
“Walter is a true Renaissance man who turned his passion for fast cars into his vocation,” says longtime client and president of Pacific Union-Compass, Patrick Barber. “Who else could pull off an ascot and tweed coat while selling you a six-figure vintage Porsche? Only Mr. Cars Dawydiak.”

https://nobhillgazette.com/walter-dawydiak-lives-life-in-the-fast-lane/
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Old 01-19-2020, 01:06 PM
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Something doesn’t seem right about this whole thing.
No $ and needs a quick sale. Ok. Life sucks sometimes.
Dodgy dealer. Possible. Are there any that aren’t?

Won’t call cops when someone is holding car illegally. Strange, but I run more confrontational.
Sold car for cheap. See previous comment.

Doesn’t have $ for a claim and $500 for graphology to prove fraud. On a case that as presented is a slam dunk and has what appears to be a 5 figure sum at stake. Really strange.

Either the OP is the most passive aggressive person I’ve ever heard of or there’s something else going on. I’d like to hear the other side to this one...
Old 01-19-2020, 01:17 PM
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Dawydiak

they been around a long time
their rep is not the best
their knowledge of porsche is not that great either
I do not know any consignment shop that charge storage fee. if so, there have zero interest selling your car. the longer it doesn't sell the more they make. conflict of interest.
I rarely use consignment. If I do, the terms are 30 day, and if it doesnt sell, they buy it at a pre-negotiated price.
I sold a LOT of cars in my time. they way they are doing it is wrong.

Old 01-19-2020, 08:58 PM
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