What do (can) I do???

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    Author Topic: What do (can) I do???  (Read 3217 times)

    Offline FM3V6M

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    What do (can) I do???
    « on: May 22, 2006 - 11:40:38 AM »
    I need advice guys, I've been after this guy to sell me his '71 N96 'Cuda for over a year and a half.  About two months ago he agrees to sell it to me but to get the $$$ I have to first sell my '71 'Cuda.  After I sell my 'Cuda he informs me that he had a change of heart and no longer wants to sell his car, so I'm screwed.  Desperate for a MOPAR I blow my cash on another e-body, when guess what? He calls back and says he'll sell me the car after all!  Now with no money I apply for a JJ Best loan I can't afford (and take a hit on my credit rating for the inquiry) and overnight him a 15% deposit AFTER we BOTH sign a purchase contract/bill of sale via fax.  Now the best part...he calls me Sat. night and tells me he has had ANOTHER change of heart and can't part with the car.  He wants to return my deposit and reimburse me for any fee's etc. that I may have spent.  What are my options??? Legaly and morally? Help please!
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    Offline 700HPCharger

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    Re: What do (can) I do???
    « Reply #1 on: May 22, 2006 - 11:47:16 AM »
    Depends on state laws what you can do legally, most states since you both signed a contract you are intitled to the car, but then again this depends on state laws and what issues there really is with him not wanting to sell the car. I personally wouldn't take him to court over it, I would just want my money back and what other fees I may have incured over the deal.
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    Offline FM3V6M

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    Re: What do (can) I do???
    « Reply #2 on: May 22, 2006 - 11:53:06 AM »
    The guy is in the Detroit area, I don't want to be a jerk but this is the SECOND time he has flaked and I sold my one and only '71 340 4spd #'s matching 'Cuda over this deal! I'm losin' it!
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    Offline 700HPCharger

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    Re: What do (can) I do???
    « Reply #3 on: May 22, 2006 - 11:57:32 AM »
    So you sold your other car so you could get this one? I would talk with a lawyer and take further action, There is a law(promissory estoppel) that if you sell or do something based on a promise from another person, and they do not follow through, you are entitled to get something back, money, car,etc....
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    Offline Carlwalski

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    Re: What do (can) I do???
    « Reply #4 on: May 22, 2006 - 12:06:40 PM »


    Man you guys surrrrre love to sue over there.  :-\ I wouldn't take him to court, mind you that's just me...if you can avoid it then do so, have some pride. Sounds like he's mucking you around a bit though mate which sucks.

    I would just leave the deal, if hes cost you your car and keeps changing his mind the car just isn't meant to be.
    Find another one and move on. Let him know what's happened and just tell him your not one for being mucked around.

     :2cents:

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    Re: What do (can) I do???
    « Reply #5 on: May 22, 2006 - 12:49:27 PM »
    If he is willing to give you the money and fees back, let him.  When I had those back in hand, I would forget that guy and that car exist.  Sorry for the one you sold, that sux...  This guy may never sell it.  With the 15% you gave him, either repay the loan or spend it on the "E" bod you now have...   :bigsmile: 
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    Offline ChallengerHK

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    Re: What do (can) I do???
    « Reply #6 on: May 22, 2006 - 01:00:02 PM »
    I had a veru similar situation with a Superbird about 20 years ago, although it sounds like you're taking more of a hit than I did. I know it sucks, but I mostly agree with the other posters. I'd contact him, calmly explain the situation, and ask him to make good on fees and what not that you're out as well as returning the deposit. If he's willing to do that, I'd walk away and never again return his calls.
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    Offline 700HPCharger

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    Re: What do (can) I do???
    « Reply #7 on: May 22, 2006 - 01:56:20 PM »
    I would only take to court if it were the last possible solution, I hate all these sue happy people nowadays, but I would want what money I have spent/lost back....
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    Offline hemi71

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    Re: What do (can) I do???
    « Reply #8 on: May 22, 2006 - 02:05:43 PM »
    I've had this happen to me a few times, just get your $$ back, and the fees you incurred including any intrest you'll have to pay on the JJ best loan, i think there is a minimum intrest charge of 3 months intrest that he should reinburse you for.

    Tell him that you are not a happy camper over this, make sure you let him know how you feel. Then NEVER get involved with this guy again on any kind of car deal. Once a deal is made, thats it, you follow thru.

    Or, use the loan and buy my hemicuda!!   

     :rofl:     :cheers:
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    Offline OzCuda

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    Re: What do (can) I do???
    « Reply #9 on: May 22, 2006 - 05:21:19 PM »
    I would have thought a contract for the sale of the vehicle would be binding to some degree.  Many lawyers (well in Australia anyway) will give you some advice over the phone for free (first time anyway), so if you really want this car and can afford the new loan you have taken out then it might be worth taking a couple of days to work out where you stand.  Maybe you need to play him a little as he obviously needs to sell the car for some reason (short of cash/change of life etc) and while he loves his car (as you would), something motivated the original decision to sell it.  Play on this and reassure him that it will be going to a good home and he might come around.  Maybe you could swap the E-body you have just bought as part of the deal so he has an E-body he can afford and you get the car you desire.  Of course if it starts to sour, you need to make sure you get you money back.  Tough situation.
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    Offline ohio cuda

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    Re: What do (can) I do???
    « Reply #10 on: May 22, 2006 - 07:54:13 PM »
    Many states have a 3 day cooling off period on contracts and either party can back out. I have a saying called "Negative Momentum". When things start out bad they go from bad to worse. I'd move on without leagal recourse if possible and get whole on the money. Lot's of 71's will pop up 4-sale over the summer and you have a board of people here looking for you partner.  :cheers:
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    Offline scf100

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    Re: What do (can) I do???
    « Reply #11 on: May 22, 2006 - 08:39:54 PM »
    that guys a loser, get your money back and walk....don't deal with him again.
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    1970 Challenger R/T convertible 383…. 4-speed…3.91 suregrip

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    Offline Total BS

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    Re: What do (can) I do???
    « Reply #12 on: May 22, 2006 - 08:50:16 PM »
    FM3,

    That really stinks but I would just get my money back and tell the guy that you need it overnited back to you because you found the car of your dreams.  Their are others out there but I know it hurts to lose one, trust me I have been in your shoes before. Best of luck and let us know what happens.
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    Offline 4Cruizn

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    Re: What do (can) I do???
    « Reply #13 on: May 22, 2006 - 09:32:11 PM »
    Thats sucks.  I'd be upset for about a minute, then get my cash back and find something else.  Lots of cars out there!   :wave:
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    Offline Bondavi

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    Re: What do (can) I do???
    « Reply #14 on: May 22, 2006 - 10:13:42 PM »

    I still have hope for you......because he said "yes" a second time before reneging leads me to believe he is not as determined to keep the car as you would think.

    You could try getting him to oblige by telling him all the hoops you went through to get the $$ for his car...selling off your beloved cuda, getting financing in place, AND the fact that he said "yes" a second time with a 15% deposit in hand AND a signed contract. After stating the facts, politely ask him if he would reconsider the hell he put you through and to consider meeting up his end of the deal.

    Hey, its worth a try. You don't find N96 cudas much nowadays and sometimes its worth the battle. Not a violent one involving money grubbing lawyers or fistfights, but something two mature men can come together and agree upon.

    I'd ask to meet him at his residence where the car is, and from there, do a sit-down and see if you can make this deal happen. Oh, bring the 85% remaining cash with you (preferably a cashier's check), and put it on the table, and get everything in writing.

    You never know, something good might come out of it.....  :)

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    David

    '70 Challenger R/T FC7 440-6 4spd N96 3.54 Dana - SOLD
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