Say you agreed to buy a car from me. You sent me half the money, and we agreed on the timeframe for the balance and delivery. A couple weeks later you email and have to change the plans for pick up. I say no problem, I don't pick up my 'new' car for a couple weeks so I'm not rushed. A couple weeks later you email, say you will send the balance in a week and are going to have me drop the car at your friends' house. Works for me I say, and wait to see the money.
Fast forward to today -- I have not seen the balance, and it's been 5 weeks since we last had any contact and over 2 months since you made the down payment. You are not responding to email or phone calls. I have sent you email asking if we can please wrap this up. I have followed with email saying I understand if you can't complete the sale, just let me know and we can work something out. Still nothing from your end.
I have a local buyer with cash in hand. How do you feel if I sell the car to him, write you a nice note explaining my need to get the car out of my driveway, off my insurance, and out of my wife's sight, and send you back most of your money (I'm keeping $250 for my trouble).
Are you going to take it like a man, or go ballistic?
How would you feel?
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Tim in N FL
- Posts: 7392
- Joined: Feb 12, 2006 12:00 PM
- Location: North Central Florida, USA
- Contact:
Right on fellas....sounds like you don't have any binding legal contract on the sale. Therefore, the first buyer to produce the cash (en toto) wins, right? Best of luck and document everything...even consult an attorney if need be.
The $250 might be a sticking point if the initial buyer who has not followed-through pushes it. Be careful there. If there was no apriori written agreement re: the $250 fee...could cause you problems IF the guy pushes it.
Best of luck,
Tim
The $250 might be a sticking point if the initial buyer who has not followed-through pushes it. Be careful there. If there was no apriori written agreement re: the $250 fee...could cause you problems IF the guy pushes it.
Best of luck,
Tim
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Velocewest
- Posts: 1558
- Joined: Feb 12, 2006 12:00 PM
- Location: UK
[QUOTE="Tjn182"]It's always better to have everything on writing.[/QUOTE]
Yeah, I agree, and normally I would. For some reason this just ended up being more casual. We have nothing on paper, just 2 paypal transactions (initial deposit of $150 and a second payment) and a few emails and a couple phone calls. If push comes to shove, I'll give the $250 back to get it over with, but I did have to replace a tire that someone sliced last month, so I figured he at least owed me for that plus time and trouble. Plus at the time I originally had the car for sale I had 6 or 7 interested parties, and I let this guy have it because he contacted me early and placed a deposit first. I am not upset with him, he's a nice guy, but he's just dropped of the face of the earth.
Yeah, I agree, and normally I would. For some reason this just ended up being more casual. We have nothing on paper, just 2 paypal transactions (initial deposit of $150 and a second payment) and a few emails and a couple phone calls. If push comes to shove, I'll give the $250 back to get it over with, but I did have to replace a tire that someone sliced last month, so I figured he at least owed me for that plus time and trouble. Plus at the time I originally had the car for sale I had 6 or 7 interested parties, and I let this guy have it because he contacted me early and placed a deposit first. I am not upset with him, he's a nice guy, but he's just dropped of the face of the earth.
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Threeshifter
- Posts: 704
- Joined: Feb 12, 2006 12:00 PM
Verbal contracts are contracts, and are binding.
They are just harder to prove in a dispute and therefore can become ineffective. Sounds like you have written evidence of the purchaser breaking your verbal contract 2 times and your lenience to those breaches. Sounds like the buyer has broken the agreement 3 times, which I would agree is unacceptable.
In my judgment you have done all that is reasonable and then some.
They are just harder to prove in a dispute and therefore can become ineffective. Sounds like you have written evidence of the purchaser breaking your verbal contract 2 times and your lenience to those breaches. Sounds like the buyer has broken the agreement 3 times, which I would agree is unacceptable.
In my judgment you have done all that is reasonable and then some.
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Blue Shadow
- Posts: 10281
- Joined: Feb 12, 2006 12:00 PM
- Location: SE PA
[QUOTE="Velocewest"]Say you agreed to buy a car from me. You sent me half the money, and we agreed on the timeframe for the balance and delivery. A couple weeks later you email and have to change the plans for pick up. I say no problem, I don't pick up my 'new' car for a couple weeks so I'm not rushed. A couple weeks later you email, say you will send the balance in a week and are going to have me drop the car at your friends' house. Works for me I say, and wait to see the money.
Fast forward to today -- I have not seen the balance, and it's been 5 weeks since we last had any contact and over 2 months since you made the down payment. You are not responding to email or phone calls. I have sent you email asking if we can please wrap this up. I have followed with email saying I understand if you can't complete the sale, just let me know and we can work something out. Still nothing from your end.
I have a local buyer with cash in hand. How do you feel if I sell the car to him, write you a nice note explaining my need to get the car out of my driveway, off my insurance, and out of my wife's sight, and send you back most of your money (I'm keeping $250 for my trouble).
Are you going to take it like a man, or go ballistic?[/QUOTE]
The buyer, #1 in this scenario, broke the contract with you. As someone else said, verbal contracts are binding, particularly when a consideration (the money) has been exchanged.
You're being generous in attempting to refund the money up front, but that could in fact be an error. Since he may have "moved on" literally and figuratively, you may be sending the money into Na-na land and only God will know what becomes of it. I'd hold it, and send a written notice of intent to refund, with a postal return receipt which requires a signature. Make him do the work of explaining where to send the refund, and so forth.
Then, when nothing happens, you haven't wasted another minute of your valuable time.
Fast forward to today -- I have not seen the balance, and it's been 5 weeks since we last had any contact and over 2 months since you made the down payment. You are not responding to email or phone calls. I have sent you email asking if we can please wrap this up. I have followed with email saying I understand if you can't complete the sale, just let me know and we can work something out. Still nothing from your end.
I have a local buyer with cash in hand. How do you feel if I sell the car to him, write you a nice note explaining my need to get the car out of my driveway, off my insurance, and out of my wife's sight, and send you back most of your money (I'm keeping $250 for my trouble).
Are you going to take it like a man, or go ballistic?[/QUOTE]
The buyer, #1 in this scenario, broke the contract with you. As someone else said, verbal contracts are binding, particularly when a consideration (the money) has been exchanged.
You're being generous in attempting to refund the money up front, but that could in fact be an error. Since he may have "moved on" literally and figuratively, you may be sending the money into Na-na land and only God will know what becomes of it. I'd hold it, and send a written notice of intent to refund, with a postal return receipt which requires a signature. Make him do the work of explaining where to send the refund, and so forth.
Then, when nothing happens, you haven't wasted another minute of your valuable time.