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car paid for, guy wont come get it!!

Discussion in 'The Hokey Ass Message Board' started by 1929modela, Dec 7, 2010.

  1. kirby1374
    Joined: Dec 16, 2008
    Posts: 427

    kirby1374
    Member

    He can't park it outside that is part of the problem
     
  2. low-n-slo54
    Joined: Jul 25, 2009
    Posts: 1,920

    low-n-slo54
    Member

    I can come get it if you just want to hand it over.
     
  3. inkmunky
    Joined: Jun 29, 2009
    Posts: 537

    inkmunky
    Member

    I can speak to the other end of this (partially), I've been planning a big move across the country, everything was supposed to be set my fiance and i have a house already out there and i know i'll need a project so i look around here find one or two i like and send out the money. Then my girl gets sick and is in the hospital quarantined, it's been a year and the situation still hasn't changed, she's still sick (after two hospitals she's in the third now) and i still have no idea when she will be released or when i will be able to move.

    On that note i have kept in touch with the holders of the car(s) every two weeks and they knew the situation going into the deal. I've paid storage fees for months and offered to get a storage unit to clear space. I understand i've put them in a shit situation and i have been truly grateful for their patience. I know it's tough but i also started to sell off some of them to alleviate their stresses with the situation.
     
  4. If you can't work out something with the guy yourself, YOU MUST check the laws in your state before you take any of the above suggested actions. Check with your DMV and/or a lawyer. Find out what the law is in your state as otherwise you can inadvertently get yourself into deep doohickey. Remember that as far as our government overlords are concerned, rules regarding automobile transactions are designed to protect the consumer, which in this case ain't you.


    for gods sake listen to plym- he musta been there himself b4- but he is dead on...check the laws, check with an atty. send the guy a certified return reciept letter informing him that he has such an such time frame to remove the vehicle or accept a refund or you will deem it an abandoned vehicle and take legal action ie storage fee's or filing a lein on it.. most likely you'll have to place it in storage yourself and try and recoup your loses in the courts if he is a real dick


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  5. The simplest solution is the best. Resell the car if you get the same amount or better refund him his money. If the car sells for less refund his money minus the difference. It is probably best to cut this guy lose as soon as possible. Remember a deal isn't done until the paperwork is signed.
     
  6. propwash
    Joined: Jul 25, 2005
    Posts: 3,857

    propwash
    Member
    from Las Vegas

    Jim is on the road - you're my hero. Confrontational kiss-off to this flake. You gave him every opportunity to step up to the bar, and his wishy-washy excuses have finally exasperated you. I'm like you...give someone the benefit of the doubt, but only a limited amount of rope....when they turn out to be all flakes and no raisins...cut 'em off. Red Lodge is beautiful country...some guys would give you a discount just for the drive...

    dj
     
  7. sorry plym- I didnt quote you properly in my reply--- but you're dead on
     
  8. 1929modela
    Joined: Aug 11, 2010
    Posts: 76

    1929modela
    BANNED

    It is a 29 model a sedan. non running rolling around on steel wheels. It snows here bad in the winter and it it sits outside for any time at all it will be almost impossible to get it on a transport. And I live in a country club so it cant sit in the street. I told the buyer today it was $10 a day. He was not mad at all but even at $10 a day, I DONT have my shop back. I dunno how long to give him. He has acess to wreckers and roll backs so I guess ill wait.
     
  9. 10 days. Firm.
     
  10. for $50 a month u should be able to put it in covered storage somewhere. and still charge him the $10 a day he probly doesnt plan to pay anyway- but if you cash his check at all I would believe you consumated the deal and could leave yourself open to a lawsuit should you decide to resell the vehicle. these things can get really tangled and ugly.. and common sense has no place in the U.S. court system.. invest in legal consul b4 reselling the vehicle
     
  11. onelowponcho
    Joined: Apr 8, 2005
    Posts: 238

    onelowponcho
    Member

    I sold my 70 superbee on ebay and got deposit, didn't here from the guy in the allotted time to be paid in full. Re-sold the car and got paid no prob. Month later my first buyer leaves positive feedback for the car on ebay (the one I never heard from after the deposit). He called me and apologized for not following through and said enjoy the deposit, turns out he went to jail for a while lol. Sold a street rod for a hefty chunk a few years ago on ebay, guy pays in full and to this day I never heard from him. We put his money in an escrow account for a year, then resold. I think he must have died. If the owner of the lucky taco 54 olds race car reads this, do not worry, like I said I'll hold the car for you for as long as you need and I'll still load it with a fork lift for anyone that you can get to pick it up.
     
    Last edited: Dec 8, 2010
  12. 1929modela
    Joined: Aug 11, 2010
    Posts: 76

    1929modela
    BANNED

    Im not paying to put it in storage. Nor am I gonna "stick" the storage people here with the car, they are personal friends. I also have no intentions of re-selling the car, at this point, thats just mean. Ill sit on it at $10 a day for 30 days then do something drastic. I guess I could send him a certified letter that states he forfits any interest in the vehicle if posession is not taken within 30 days from receipt of this letter. That would have given the buyer 60 days to take posession. WAY more than enough time.
     
  13. Thorkle Rod
    Joined: May 24, 2006
    Posts: 1,392

    Thorkle Rod
    Member

    Tell him you are putting it up for sale again. Make sure your next buyer understands the transportation part of the deal. Tell your old buyer that you are selling it again and when the money comes in you will refund his money minus some grief money of course this is assuming youy still have the title.

    Or give him a certified letter that states he has so many day's to pick it up after that it's $100.00 a day storage fee, at $100 bucks a day I can store and still make some good money.

    I have to say that the transportation of a car ain't easy nor is it cheap. I had to back out of a deal because it was an unexpected expense and thoughtless on my part I won't do it again without a well thought out solution.
     
  14. lostforawhile
    Joined: Mar 23, 2008
    Posts: 4,160

    lostforawhile
    Member

    well if you are getting ten dollars a day, that will more then pay for a storage bin, the car is safe, it's out of your garage, and you are still making a bit for your trouble. just insure it in case someone steals it, but that ten bucks per day will more then pay for both the storage and insurance for it to be in storage.
     
  15. stainlesssteelrat
    Joined: Nov 23, 2010
    Posts: 583

    stainlesssteelrat
    Member
    from ms

    mail the twat the title.
    in the middle of the night tow the car a block away and park it infront of someone's house.
    the city will tow it away.
    tell the idiot buyer that the city stole his car and he's gotta deal with them now.

    problem solved.

    and yes.. i am evil.
     
  16. racer32
    Joined: Sep 22, 2007
    Posts: 745

    racer32
    Member

    Where is your buyer?
     
  17. 1929modela
    Joined: Aug 11, 2010
    Posts: 76

    1929modela
    BANNED

    He is from maryland. If i take it to storage place and say "hey another guy will gladly pay you when a transport company may or may not come get it" ya right, He has 30 more days then game on. Ive got the car and the title. I thank all of you for your input, some bad some good some funny and some flat mean. But i do appreciate it.
     
  18. dj,

    Thanks for that ...

    I just dropped off this sweet 63' military power wagon today
    in Anacortes, WA to a guy the day before his birthday ;)

    He was so pleased with it - it made my day

    Right now I am on my way to pick up in southern Oregon

    I like to travel - I like classic cars & tractors - I like what I do


    Jim
     

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  19. Ned Ludd
    Joined: May 15, 2009
    Posts: 5,051

    Ned Ludd
    Member

    This is a matter of contract law. The buyer is in breach by failing to collect the goods.

    The contract stands. Your first demand should be that the buyer do what is required of him (specific performance), i.e. collect the car. Failing that you can demand damages, i.e. what it costs you to get the car to him.

    I don't see that the fact that the goods in question is an automobile changes the nature of the problem, whatever statutes might exist where you are. It's a contract law problem. I'm not a lawyer but I have to administer building contracts so I know basic law, which tends to be the same everywhere in the world and is a lot simpler than most people realise.
     
  20. 40fordtudor
    Joined: Jan 3, 2010
    Posts: 2,503

    40fordtudor
    Member

    29modela---call and leave a message that you are happy he had the car picked up and altho you had to assist with the loading, you are forgiving the storage charges you mentioned in a previous communication. that'll get him off his ass and on his feet.
     
  21. JimC
    Joined: Dec 13, 2002
    Posts: 2,241

    JimC
    Member
    from W.C.,Mo.

    When sending a certified letter, send it Reciept Requested so you know it was redieved by the intended party.
    I sold a car to a fellow overseas. He asked if i could hold it a couple of weeks. I agreed.
    He hired Horseless Carriage to pick it up.
    All went well.
    Sold three others, delivered two of them the third guy showed up with a trailer when he bought it.
    Uhaul and other rental companies rent trailers and tow dolies.
    Picking up a car, non-running or running is not a problem.
    BenD has loaded cars with no wheels or frame.
    I watched him(helped a little).
     
  22. obviously you misunderstood me, I did not say stick the storage company- I did say your options are limited

    1) push the vehicle outside and wait for buyer to take possession
    2) keep vehicle in your shop and wait for buyer to take possession-and lose use of your shop
    3) keep vehicle in your shop and charge buyer reasonable going rates for storage
    4) place vehicle in contract storage-- PAY FOR IT YOURSELF-- and hope buyer reimburses you
    5) arrange shipment to buyer yourself and hope buyer reimburses you- odds are you'll only get a thank you
    6) go it alone and notify buyer he has until such-n-such date to remove vehicle or you will dispose of it as you see fit. But this could leave you open to a lawsuit from buyer for return of his inital payment and any loss of value from any future sale that may have occured- plus damages,, remember being right does not mean success in a court of law. and you maybe open to be sued in HIS home state.
    7) consult an attorney- send buyer a certified-return reciept letter (keep a dated copy) informing him he has until (depending on your current state laws and POSSIBLY his) such-n-such date to take possession or you will deem it an abandoned vehicle on your property and will turn it over to the city for disposel.
    8) live and learn
     
  23. 067chevy
    Joined: Sep 18, 2005
    Posts: 2,073

    067chevy
    Member

    I'm interested in hauling it. I was just in Wyoming to pick up a car for another Hamber.
     
    Last edited: Dec 9, 2010
  24. p.s. having the title means diddley squat if he made payment in full and in good faith and you cashed said payment-- the vehicle is his, and unless you had a written agreement that it would be moved in such and such time frame he could claim you agreed to hold it until he could arrange transport.. and then it is he said she said time
     
  25. eddieb
    Joined: Apr 6, 2009
    Posts: 52

    eddieb
    Member
    from Sharon SC

    At last some good advice. We all get ourselves in bad situations because we fail to get things in writing. There are ways to handle things like this and it ain't "resell it and keep the money". He owns the car. The problem is in the fact that he hasn't picked the car up. You can't sell other peoples property without their ok or a written aggreement. It's called stealing.
     
  26. 1929modela
    Joined: Aug 11, 2010
    Posts: 76

    1929modela
    BANNED

    He called me today, I think the $10 a day storage got him moving. I mean really moving, supposed to have a transport company here this weekend. We will see. Either way its all a civil deal. there is nothing criminal about it, all civil.
     
  27. 1929modela
    Joined: Aug 11, 2010
    Posts: 76

    1929modela
    BANNED

    Car is gone as of today!!!
    Thanks guys
     

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