General => Lounge => Topic started by: 1WLD BRD on October 04, 2008, 04:48:08 PM
Title: Need some legal HELP!!!!
Post by: 1WLD BRD on October 04, 2008, 04:48:08 PM
This concerns the kid that backed out of the deal for my TC and left a cheque as a deposit....
he told me if he didnt come back by Friday to go ahead and cash it... (he filled out EVERYTHING on the cheque except my name...) He called off the deal on Wendsday, because I wouldnt drop to $2600 after he told me he would give me $3000 for it, so I cashed it.... this is what I get as a response from him...
Quote from: Franco
you piece work, you deposited the cheque , that was ment to be as part of the deal of the car that wasnt everything it was suppossed to be , there for the deposit was no longer valid i didnt even put a stop payment on the cheque cause i thought you were better then that, you have no idea what i do for a living and the people whom i assosciate my self with ,wich will help me with this matter leagally untill it is resolved, i will pay my lawyer more then the check was worth to make your life financially difficult untill you pay back every single penny , i have been advised legally that i now own a percentege of the thunderbird, there for if you were to sell it or damage it in any way it would be considered theft/vandelsm, wich are both criminal offenses, i will persue to put foward a lean on the vehicle , in my name wich i have every right to , i have proof of everything, i have a copy of the cheque , where you filled out your name as RON DEWITT, by the way that is not my regular signuture i do not even recall signing the cheque neither does the only witness there, the only thing i did was write 100 dollars in words and told you that if i couldnt bring the cash on the friday i come and finish the cheque so you would have it as a deposit, so you committed (fraud) .long story short, you can either pay it back or be prepared for leagal action, by the way im also going to have an omvic investigation into your curbsiding of cars, just so you know i am a member of the u.c.d.a. (used car dealers association) and o.m.v.i.c. (ontario motor vehicle counsil , they both frawn upon curbsiding to a criminal offense that involves jail time, up to you you going to pay it back or should i persue further
My Response...
Quote from: RJ
LMAo you thought I was beter then that?!?! hahah you are the one that siad you are a man of your word, made adeal for $3000 then tried backing out and offering me $2600... get real pal.... go ahead and come after me, you put a deposit on the car and said you would be back by friday with the rest, then tryed to back out.... AND knock the price down.... you got a problem with what I did how bout you pick up the phone and call me... LMAO!!! curb siding? too funny asshole... since when has it been illegal to sell a car and buy another one?!?! who do you think you are trying to **** with pal?
your getting pretty mouthy for someone who just commited fraud, and a criminal offense, at this time i have been advised to end any further contact with you untill further jurystictional notification. you were advised, now going ahead with the persecution, "the come and get me asshole" will appear well in court.
i guess once a redneck always a redneck.
Quote from: RJ
LMAO the only fraudulent one here is you tool...
Quote from: the tool
your emails are now becoming harrasment, keep on sending me them , your painting a pretty picture for yourself and who you trully are, wait till court, if that is if you can even afford a layer. hope you know theres much more then 100 dollars here at stake for you, anyways stop the emails already i said my piece il let my lawyer do the rest
WTF?!?!? now correct me if Im wrong, but isnt THIS guy the one doing the harassing? and once you leave a deposit and dont come back, you loose it?!?! thats the way it has always worked for me...
Title: Need some legal HELP!!!!
Post by: Ether947 on October 04, 2008, 05:25:05 PM
Quote from: 1WLD BRD;238380
once you leave a deposit and dont come back, you loose it?!?! thats the way it has always worked for me...
Yep. That's the way it works. Prolly not all that legal though, more of an unwritten code. Let's see, he test drove the car and still left the deposit? Sounds like he changed his mind and just doesn't want to man up and admit it.
Normally I would say fight it, but if it's only a $100. I would prolly just return the funds and be done with him. Just depends on how much this $100 means to you. Good luck!
Title: Need some legal HELP!!!!
Post by: turbo88 on October 04, 2008, 05:37:52 PM
This guy your dealing with must be a brick short of a load.
If he verbally agreed on a price and gave you a deposit for that price, then later wants to negiotiate the price and try and knock you down, you are standing head and shoulders above him on a legal stand point.
If indeed it was a verbal agreement and he did give you a deposit, which he obviously did, and now he won't pay the agreed upon price, then you could essentially take him to small claims court and receive the rest of the $2900 that both parties agreed upon. A signed agreement would also help support you to a further extent if one was signed.
just my 2 cents.
Title: Need some legal HELP!!!!
Post by: kingcars on October 04, 2008, 05:39:07 PM
^What he said
Title: Need some legal HELP!!!!
Post by: 1WLD BRD on October 04, 2008, 06:04:43 PM
yeah he test drove it loved it, had me crank the boost and fuel pressure, loved it even more, then left the deposit cheque and said he would be back on friday with the cash.... ****ing guy beat on the thing too....
Title: Need some legal HELP!!!!
Post by: jcassity on October 04, 2008, 06:52:40 PM
what part of the check was not filled out?
If you had to write anything on the check, you will need lagal help.
The individual with a carbon copy of the check can bring that to coart showing his records to not show him making the check out to you with all the information.
the big problem for the guy is to explain how you happened to come across one of his checks. This could be explained off by him claiming you stole a check out of his book while he paid you a visite ect.
there is not enough proof to say you stole a check.
there is enough proof to say that you finished filling out a check that does not match his carbon copy.
Using just that alone, anyone can rig a check book up to prevent some information from making it to the carbon copy.
It will be very easy to see that two different ink pens were used to make that check cashable.
You might have fugged up,, id pay his deposit back.
Basically, he gave you an invalid deposit irreguardless of the "man of his word" or not.
Like it or leave it but you should have never finished another persons check for them. work through this carefully and while you are at it, call his bluff on the signature of the check.
The court will have a difficult time nonetheless to prove you or he did anything wrong.
Another strike against him though is a check is only cashed by means of what is spelled out ,,, not the amount written in numerical formate. If he spelled out the one hundered dollars, its likly his loss as anyone "could" cash it although it might be illegal to do so.
what all this boils down to is the fact that you should never have to finish filling out anyone elses check for them. this may just turn out to be one of those "his loss" kinda thing but it definatly was not correct of you to finish filling out a check.
Title: Need some legal HELP!!!!
Post by: daboss351 on October 04, 2008, 07:02:30 PM
Hes full of it why would he leave a check say deposit it if I dont come back and then say he never signed it? BULL plus its funny mister im gonna report you doesnt even know how to spell LIEN not lean hes a tool for sure He left you a check he test drove the car He never came back F*** him
Title: Need some legal HELP!!!!
Post by: jcassity on October 04, 2008, 07:07:05 PM
Quote from: daboss351;238398
Hes full of it why would he leave a check say deposit it if I dont come back and then say he never signed it? BULL plus its funny mister im gonna report you doesnt even know how to spell LIEN not lean hes a tool for sure He left you a check he test drove the car He never came back F*** him
my gut feeling here is that this random dumbass wont get anywhere. A check is a check and the only proof of anything odd is the use of two different ink pens.
Title: Need some legal HELP!!!!
Post by: 1WLD BRD on October 04, 2008, 07:45:27 PM
he filled out everything and spelled out one Hundred dollars.... AND signed it... I brought the cheque straight in and showed my GF... then after he told me he would not give me anymore then $2600 that night, after we agreed on the $3000 the day before, I wrote my name on it and deposited it into my account... he is trying to say his GF witnessed him not signing it, well he wrote it all out on the roof of his car, while she sat INSIDE the car, then handed me the cheque... so how could she have witnessed fack all?
EDIT OK my uncle is a retired Police officer and a Paralegal... He just called me and told me he doesnt have a foot to stand on.... My win if he does go to court.... told me to tell him to go ahead and file suit and you will responed in the alotted time... Asked him about the cheque and me filling it out my name... he said that guy screwed up... as you can put "cash" in the pay to the order of and cash it... still legal... Brings great piece of mind.. LOL
Title: Need some legal HELP!!!!
Post by: Bob on October 04, 2008, 08:27:17 PM
well I would just say he told you to fill out your name on the check and you both agreed that the deposit was not refundable.
Next time make the buyer sign a bill of sale, only take cash, and for gods sake when someone wants a test drive only you drive! Its your car, your insurance and your ass if he hit someone while driving. He could have hit something while test drving it and than say nevermind I don't want it and walk away, it would have been your word against his.
Good Luck, don't worry about it.. worse thing that happens is you give the deposit back.
Title: Need some legal HELP!!!!
Post by: thundr306 on October 04, 2008, 08:35:33 PM
Here's what I would do. Stop returning his emails/phone calls. If he decides to pursue it, you will hear from somebody else.
Title: Need some legal HELP!!!!
Post by: Chuck W on October 04, 2008, 08:38:12 PM
All either of you are going to do is give money to lawyers that they don't deserve.
It's a deal that he backed out, but personally I wouldn't have gone ahead and deposited the check anyway. It's not like it's really all that big of a deal, now is it?
Give him back the $100, be done with it and move on.
Title: Need some legal HELP!!!!
Post by: Thunder Chicken on October 04, 2008, 09:13:58 PM
If the guy signed the cheque, it's legal, no matter what name or amount is on it, and no matter who wrote the name and amount on it. They call it "signing a blank cheque" for a reason. If he signed it, it's legal, and once it's been signed it can't be "unsigned" except for a stop-payment, which he failed to do. You did not tamper with it (change names, dates, amounts, etc), you only filled in your name, which he left blank. Leaving the name field blank is implied permission for you to put any name on it you like.
I would wait. One final email would go out, telling him that you no longer wish to communicate through email - you want everything through registered mail. If he gets a lawyer, communicate ONLY with the lawyer (it's actually illegal for you to communicate directly once he gets a lawyer). If he sues you, countersue him for the full $3k plus costs, and include the email you posted here about how he is claiming ownership of the car and admitting to making a deal. Also include all other correspondence you received from him, including his legal threats (which ARE considered threats and everything in the emails are considered admissible unless he starts every email off "Without prejudice"). Without the words "without prejudice" he is blackmailing you (threatening you with harm unless you do something for him, ie pay him), which is very, very illegal.
In the meantime I'd type up a formal letter and send it to him registered mail. In that letter I would give him 7 days to pay in full for the car or he will lose any claim to it (that would be generous - legally you don't have to give him any time. He agreed on Friday, then broke the agreement). I would also inform him that a storage fee will be charged. He made an agreement and backed that agreement up with a deposit. He broke his contract. He does not, nor did he ever, own a "piece" of the car. A deposit is a promise to buy something; it is not considered an actual payment on that something until the deal is done.
If this were me, and the guy said "Look, something came up and I can't afford the car" I'd have torn up the cheque. If he'd done what you posted here, though (accusing you of misrepresenting the car, then calling you a thief), I'd have been all "BRING IT ON BITCH". Sometimes principle is more important than money.
Of course this is all armchair advice. In reality he'll probably never call a lawyer, but if he does the lawyer will refuse the case (not only because he'll almost certainly lose, but because the case couldn't possibly pay enough to make it worth a lawyer's time - lawyers don't bother with small claims court). He'll bitch and growl about it. He'll probably even continue emailing you. Don't bother replying.
I would be keeping an eye on the car, though - it's likely now a target for vandalism...
Title: Need some legal HELP!!!!
Post by: HAVI on October 04, 2008, 09:36:36 PM
Sounds like some of the scams I've read, to me.
But I'm with Thunder Chicken on this one. Personally, I would have never cashed the check til it was the full amount, but if he deposited $100, and claim owning a piece of the car, I'd send him the spare tire, and say here ya go.
Title: Need some legal HELP!!!!
Post by: 1WLD BRD on October 04, 2008, 09:39:13 PM
thanks for the advice Thunder Chicken... I have already stopped the replies... (so has he) and have been saving everything he sent me, as I think he is trying to set me up, and make me say something out of anger and go after me for threats or something...
I agree If he said he couldnt afford it I would have done the same, (tear it up) but to tell me he is on the way on the phone then email me an hour later, and try telling me the car isnt worth what we agreed on and backing out... then threatening me with legal action, for cashing his deposit... yeah I pretty much did say bring it on... I have another buyer comming to look at it in the morning, so hopefully he takes it, though he is planning a cash deposit, which there will be a reciept signed by me him and a witness....
if this does go to small claims court Im not concerned... my uncle will take the case and back me up for very little... and if push comes to shove, I will hide the car and strip it and s the shell if I have to, just to prove a point...
Title: Need some legal HELP!!!!
Post by: 1WLD BRD on October 04, 2008, 09:40:08 PM
Quote from: HAVI;238421
Sounds like some of the scams I've read, to me.
But I'm with Thunder Chicken on this one. Personally, I would have never cashed the check til it was the full amount, but if he deposited $100, and claim owning a piece of the car, I'd send him the spare tire, and say here ya go.
LMAO, I never thought of that... that is priceless...:bowdown:
Title: Need some legal HELP!!!!
Post by: FLSTCI71 on October 04, 2008, 11:05:28 PM
I had a very hard time reading his emails as they are so full of misspellings and formatting errors. There is no way I believe he is a professional. In fact, I'd have a hard time believing he even graduated high school. I don't think any lawyer would want to hook up with him either. Having said that, I think you could have handled things better too. I would never swear at anyone or call them names in any written correspondence. You never know when something like that could come back to haunt you. If it would ever end up in court, which it won't, but if it ever would, you're not going to look very professional either. Lesson learned for the future. After all of that, it is still not clear to me if you two verbally agreed that was "a non-refundable deposit" or just "a deposit". Only you two know for sure. My feelings are, if it was non-refundable, keep it. If it was just a deposit, return it.
Title: Need some legal HELP!!!!
Post by: jcassity on October 05, 2008, 12:25:10 AM
Quote from: 1WLD BRD;238405
he filled out everything and spelled out one Hundred dollars.... AND signed it... I brought the cheque straight in and showed my GF... then after he told me he would not give me anymore then $2600 that night, after we agreed on the $3000 the day before, I wrote my name on it and deposited it into my account... he is trying to say his GF witnessed him not signing it, well he wrote it all out on the roof of his car, while she sat INSIDE the car, then handed me the cheque... so how could she have witnessed fack all?
EDIT OK my uncle is a retired Police officer and a Paralegal... He just called me and told me he doesnt have a foot to stand on.... My win if he does go to court.... told me to tell him to go ahead and file suit and you will responed in the alotted time... Asked him about the cheque and me filling it out my name... he said that guy screwed up... as you can put "cash" in the pay to the order of and cash it... still legal... Brings great piece of mind.. LOL
forgot about that , pay to the order of "CASH" yep, your good to go.
Title: Need some legal HELP!!!!
Post by: turbo88 on October 05, 2008, 01:14:57 AM
Quote from: Thunder Chicken;238417
I would be keeping an eye on the car, though - it's likely now a target for vandalism...
I think this is about the only thing you really need to worry about now.
Title: Need some legal HELP!!!!
Post by: Haystack on October 05, 2008, 03:33:45 AM
I'd just have him take you to court. Here it costs $50 to file. If he wants to waste $50, let him.
Title: Need some legal HELP!!!!
Post by: 1WLD BRD on October 05, 2008, 08:40:12 AM
it cost $100 here to file.... LOL... doubt he wants to waste another hundred on me...
Im not to worried about vandalism on it as a guy is comming at 11 to look at the car.... if he likes it and leaves a deposit, I will trailer it out to my uncles in the country and put it in his barn till the guy comes back with the rest of the cash...
And I just remembered something... how can this tool put a lien on the car with out the VIN number? He cant... so that proves the guy was/is talking out his ass and triing to scare me into giving him MY money back to him... hahah
Title: Need some legal HELP!!!!
Post by: ipsd on October 05, 2008, 09:28:46 AM
one little small question. Was there anything written in the MEMO portion of the check? If there was what did it say? If not don't worry bub think of this. A Check can be a legal binding contract. Think about all those Fake checks they send out in the mail. You sign and cash on of those and they POKE your hind end! How do they do that. The MEMO portion. They fill it out. Then you sign it and cash it. Now they got ya you just signed a contract and that was verified by cashing the check. Not that this happened to you but better look at the memo before you cash a check. If there was full payment for Ford Thunderbird and VIN number in the MEMO you might start to worry! Since we are talking about check and a contract and such thought I would bring this up.
Title: Need some legal HELP!!!!
Post by: massCougarxr7 on October 05, 2008, 10:47:15 AM
I know planty of people who have been screwed out of deposits,,,too bad he didnt break somthing when he was beatin on it, then you could say the deposists were to repair damage... a deposit is a deposit....you cant go around handing people checks and then expect to get them back...hes capitol BS!!!!
Title: Need some legal HELP!!!!
Post by: 85bird on October 05, 2008, 11:23:26 AM
*** I am not an attorney *** From my perspective, and assuming your side of the story is correct:
His response to you is threatening. Be sure to save his response. Throughout his rambling, he repeatedly directs threats at you. This is done as a scare tactic, and I am sure this person has talked to nobody. I took it as a very emotional response. Threat 1: " i will pay my lawyer more then the check was worth to make your life financially difficult untill you pay back every single penny " Threat 2: "i have been advised legally that i now own a percentege of the thunderbird, there for if you were to sell it or damage it in any way it would be considered theft/vandelsm, wich are both criminal offenses," Threat 3: "i will persue to put foward a lean on the vehicle , in my name wich i have every right to , i have proof of everything, i have a copy of the cheque " Threat 4: you can either pay it back or be prepared for leagal action, Threat 5: "by the way im also going to have an omvic investigation into your curbsiding of cars" Threat 6: "they both frawn upon curbsiding to a criminal offense that involves jail time, up to you you going to pay it back or should i persue further"
You did not threaten him... good for you. His response to yours is again threatening. You DO have a right to respond to those threats.
Keep in mind he indicated he is cutting off further communication with you. Hold him to that. If he responds to you, well couldn't you call that harrassment then? If he communicates with you now, do not respond. Odds are he will become frustrated and send another message... and maybe another. See where this is going. Now you not only have him making threats, but harrassing you.
If he sends a number of messages, send one quick easy response... "I respectfully request that you cease contacting me with harrassment and threats." "You had indicated that you would not be contacting me any more." "Thank You" . . . . or somethig similar to that. Do not elaborate. Matter of fact. Stop the harrassment and threatening accusations please. Be sure he gets the letter, again be sure he signs for it. Sure sending letters this way might cost a little, but the cost is small to build a stronger case for yourself. It will show that you are confident in your position.
Do you have any of the terms down on paper and signed? This will be important if anything would come of it. He mentioned a witness?? Did he sign the check?? If he did, do not sweat it. Handwriting buttstuffysis can obviously be done to determine that (if needed).
I would respond to him in writing, via a letter. Be sure to date the letter, and sign it!! Be calm, cool, and collected. Be matter of fact... State very plainly the terms of the negotiations, any supporting evidence (like a signed check... and contract), tell him you are sorry he is upset, and ask him for a response in writing to your letter... but do not tell him what to say, or specifically what you want. Do not threaten to do anything in the letter. JUST THE FACTS. Have this letter deliverd certified or something that way you have proof that he did receive the letter, and even signed for it. If he responds, you must respond to him, you do not have to ask for another letter from him, but DO NOT respond based on emotion. Just the facts from your point of view. Keep in mind he states in plain terms that the check was meant to be part of the deposit. If he had a problem with the car, why the hell did he put the deposit down, and sign and date the check.
Whether he owns part of the car or not is determined by the terms of the deal.
You need to request in that letter that he keeps his end of the original agreement. Tell him that you would like for him to pay the remainder ... and once the check clears his bank the car will be delivered, and the title provided, and the terms of the agreement fulfilled.
Remember, he has threatened legal action. Provide him as little response and info as possible. He has provided you with all sorts of ammo against him. Don't tell him you have it, or know it. Let him continue to harrass you, sit back, relax, and get a chuckle out of it.
Oh, and if he comes to your home or where you work, call the police or better yet 911. Remember he has threatened you. You can help prove your case that you actually ARE threatened by doing so. This again will provide you with proof of your case. Plus, it will be documented.
If it comes to the point of blows. Do not hit him back. Let him whail on you if needed, or run. Then you will have assault against him. You would think you have a right to defend yourself, but then you would need to prove he started shiznit and not you. Turn the other cheek and immediately call the police.
Document everything yourself. Sign and date it. So for example, if you see him drive by. Get out a piece of paper, record the time, date, and sign it. Again, building a case. Do not tell him you are doing this. The more times he screws with the, the better for you.
Title: Need some legal HELP!!!!
Post by: Jim_Miller on October 05, 2008, 11:28:38 AM
ThunderChicken spelled it all out pretty well. Signed check is cash, it's not fraud of any kind for you to put your name on the "To" line. My bank would have let me deposit that with it blank. The only thing you need to worry is vandalism. He IS going to want a piece of you for a while, he knows where you live, and that's going to be his only recourse. Don't think it's just the Bird however.. in my younger days (when I was MORE stupid than I am now) I would have came after $100 of yours anyway I could have gotten it.. it wouldn't have had to been just off the bird, got another car with some nice wheels on it?.. those will do, Got a garage? maybe some tools or a welder or lawn mower that will sell for $100. That will work.. If watching over your shoulder for a while (until he cools off) then keep the $100. If the piece of mind is worth $100 then send it back. But you are within your rights.
As for the "Refundable Deposit" or "Non Refundable Deposit" mentioned by somebody.. took a landlord to small claims once on a "Non Refundable Deposit" Place was clean and in good repair the landlord was simply standing on the grounds that the contract stated "Non Refundable" Judge ruled "there is no such thing as a NON refundable Deposit.. that's an Oxi-Moron, the very definition of "Deposit" implies "refundable" a Nonrefundable Deposit is a FEE. Since the contract misrepresented it as a DEPOSIT and not a fee, the contract is void and the "DEPOSIT" will be refunded.
and as somebody else mention if you have any further communication with him, I would suggest trying to choose some less offensive words, a little more professionalism will go a long way in a court room.
Title: Need some legal HELP!!!!
Post by: 1WLD BRD on October 05, 2008, 11:47:35 AM
Thanks alot for the tips guys... all duely noted....
Title: Need some legal HELP!!!!
Post by: 32VFoxBird on October 05, 2008, 01:18:28 PM
ive never heard of "curbsiding". were all the cars you sold not in your name?
Title: Need some legal HELP!!!!
Post by: 1WLD BRD on October 05, 2008, 01:54:18 PM
no... you cant sell a car unless it is in your name... any car I have sold was in my name... I think I just pissed the guy off and made him think he had a case because of this: He sent me this about an hour after he called and said he would be there in an hour with the cash....
Quote from: Franco
****, just getting out of work now, hate my job!,, anyways, im a litle weary of the leak from the power steering i was showing my mechanic here at work the picture of under the car and he says those things where known for bad steering racks,he said to fix it it be close to 500 bucks for a new rack , plus putting it in. and he said its going to need a new alternator i reccal u telling me that the charging problem you had fixed so did my girlfriend,, i also noticed you put up your cougar for sale?(i mean u u get rid of all these cars a regular thing ? whats goin on man, im gettin litle worried is there something bout the car i should know? i mean i don want to pull out of the deal i made with you by any means but im getting a litle worried, the car has a few nice fetures but with all the work it needs beetween exhaust steering rack alternator, getting the rust spots fixed, finishing off the turbo set up properly, its starting to seem a bit much for 3000$ and i have no way of even knowing if the block had anything actually done to it , for all i know that bottom end still has 275 kliks i wanna buy the car from you but now that i sum it all up its starting to seem a bit much to hi priced, honestly i think something more like 2600 $ is fair plus saftey cost. let me know asap man ,
My reply:
Quote from: RJ
LMAO... The rack is $200 brand new and on these they are EASY to change... done them before... My dad is a Class A Mechanic and has been one for 30 years, and I have owner these kinds of cars since I was driving... dont believe me that work was done, contact the previous owner.... as I told you I have reciepts in the back of the front seat of the majority of the work... I paid $4500 for the car plus the $750 stereo system... you come down here, I let you BEAT on the car TWICE.. including bouncing it off the rev limiter twice in first gear each time you took it out and now you are trying to jew me down even more? Get real man. The only reasaon I even considered dropping to $3000 this week is becuase I found a Stang I wanted...
I have no interest in selling the Cougar, I was just bored and wanted to see what I would get offered... but I would let it go for the $4000 asking price.
guess you arent serious about the deal...
Here is the guy that I bought the car from: His name is KRAZPNY on http://www.gtamc.com Private message him and ask him what was done... but you know what ..... forget it... if you arent taking it tonight for $3000 then the price is going back to $3500
another reply to him:
Quote from: RJ
I never once said the charging system was fixed.... and now that I think about it I know it is just the battery... I had the guy that built the car send you an email.... and yes I do build these cars myself then sell them and buy and build something else to keep me occupied... I have had over 30 Cougars and 15 thnderbirds since I was 19...
I let you crank the boost to "check on something....." and everything checked out, so what is your concern? If I was trying to hide something would I have let you crank up the boost and fuel pressure or let you drive for that matter? this car is worth MORE then the $3500 Im asking, and if you arent interested in it then I will yank the motor and swap in a 5.0L
Let me guess this check is garbage too isnt it?
what the dumbass doesnt realize is that 96% of them were sped when I was done with them AND NOT SOLD... cant be a curbsider if you arent selling anything.....
Title: Need some legal HELP!!!!
Post by: LittleAngel1198 on October 05, 2008, 08:59:08 PM
Let me ask this... did you cash the check before or after he said he wasn't buying it for the $3000? I think that is going to be the deciding factor here. If you cashed it before then it's his loss, as you thought the sale was going through as planned. If you cashed it afterward, then I say you are morally if not legally wrong in the matter. To me, if you knowingly cashed the check after he told you the deal was off, then you are in the wrong.
Title: Need some legal HELP!!!!
Post by: Thunder Chicken on October 05, 2008, 09:50:15 PM
Quote from: LittleAngel1198;238544
Let me ask this... did you cash the check before or after he said he wasn't buying it for the $3000? I think that is going to be the deciding factor here. If you cashed it before then it's his loss, as you thought the sale was going through as planned. If you cashed it afterward, then I say you are morally if not legally wrong in the matter. To me, if you knowingly cashed the check after he told you the deal was off, then you are in the wrong.
Not necessarily. His placing that deposit on the car may have cost Ron a sale. When the deposit was made Ron probably pulled his ad down, or at least marked it "sold", which could have caused potential buyers to pass it by. People may have called Ron on the ad and Ron may have said "Sorry, it's been sold". The purpose of a deposit is to "hold" the car, basically "consider it sold". If you go to a car dealership and place a deposit on a car, then try to change the deal (for example, demand a set of new tires) and then back out of it when the dealership fails to do so, you're out the deposit.
Couple of funny deposit stories (funny as in strange):
I've had two people back out on a deal after placing a cash deposit (I will not accept a cheque for anything over $100). The difference with these two was that after they placed the deposit I never heard from them again. The first one was with my ex gf's Tempo, which was sitting in the yard with rusted out rear strut towers. A guy walking up the street asked if I wanted to sell it. I told him "Sure, $200". He knew the strut towers were rotted (it was quite obvious, the way the rear tires were leaning). I wasn't even trying to sell it, he just happened to be walking by. He gave me $20 and told me he'd be back for it that week. Never saw him again. This was about 15 years ago. The funny thing is I eventually sold the car (months later) to a neighbour, who after paying $200 for the car expected me to pay for the repairs to it.
The second was this summer. I had a yard sale as part of a community thing (75 mile yard sale) and a guy noticed the old boat I've got sitting next to my garage. It wasn't for sale, but he offered $1000 for it, and frankly I have no interest in boats or fixing boats (the hull is good, but the engine is bad), so I accepted. He left $100 and told me he'd come back for it on Monday. He then called me on Monday and told me he couldn't make it, so he'd be here Wednesday. That was the last time I ever heard from him. This was in early August.
In both cases, had the guys come back and said they couldn't go through with the deal I'd have given the money back, but only because in both cases I wasn't even trying to sell the items. Had I placed ads and told people the things were sold (thus losing potential sales), I likely wouldn't have been so generous.
Title: Need some legal HELP!!!!
Post by: 1WLD BRD on October 05, 2008, 10:21:07 PM
Quote from: LittleAngel1198;238544
Let me ask this... did you cash the check before or after he said he wasn't buying it for the $3000? I think that is going to be the deciding factor here. If you cashed it before then it's his loss, as you thought the sale was going through as planned. If you cashed it afterward, then I say you are morally if not legally wrong in the matter. To me, if you knowingly cashed the check after he told you the deal was off, then you are in the wrong.
NO i am NOT legally OR morally wrong in the matter....
He gave me the cheque and told me if he doesnt come back by friday to go ahead and cash it... He called the deal off on Wednesday... I cashed the cheque.. it was non refundable... When you leave a deposit on a car, it is common knowledge that IF you back out you are SOL, unless the seller is feeling generous and decides to give it back, but he/she is under NO obligation to due so...
I did loose out on TWO interested parties.... the car never came off the ads but I told them it was sold... so that is two potential buyers that I turned down and never got their numbers to call them back and tell them it is back up for grabs...
Title: Need some legal HELP!!!!
Post by: DVP on October 05, 2008, 11:00:05 PM