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Projects JACK ASS BUYERS. ..Another disapointing day spent with a "builder" Lol

Discussion in 'The Hokey Ass Message Board' started by Kellys Hot Rod Parts, Jan 12, 2014.

  1. pinkynoegg
    Joined: Dec 11, 2011
    Posts: 1,135

    pinkynoegg
    Member

    I'm no lawyer but typically for a ucc (uniform commercial code) contact to be enforcemed in court you must give something of value for something else of value. An argument can be made that the value you are giving up (being the car seller) is cash in hand from some other buyer. You give up the opportunity to sell the vehicle outright to someone else for the first buyer's deposit. Seems like that would be value to me. It's also important that what you are giving up is not something that happened in the past. I don't think you can ask for the deposit after you didn't get one the first time from him. But like I said, I know just enough about the law to get myself in trouble

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  2. Russ V.
    Joined: Oct 13, 2009
    Posts: 277

    Russ V.
    Member

    2 more pennies worth:

    I have been through this buy-sell drama lots of times and the key to the whole scene is to SAY THE WORDS and then PUT IT IN WRITING, signed by buyer and seller.:cool:

    Does not have to be high-tone lawyer stuff, just the meat and potatoes. If you take a deposit, make it clearly understood up front, that there will be no refund. The deposit will be earned by the seller if the buyer weasels. And, there are lots of legit reasons for the deal to fall through.

    As it has been said, "It ain't over till it's over".

    Hope your wife is well again.

    Russ V.
     
  3. Chaz
    Joined: Feb 24, 2004
    Posts: 5,016

    Chaz
    Member Emeritus

    People, They're the best!
     
  4. Weasel
    Joined: Dec 30, 2007
    Posts: 6,693

    Weasel
    Member

    I don't take deposits on anything - it's just an excuse to mess you around and you become the idiot holding something for someone who may mess you around while you lose other outright cash buyers. It's sold when I have cleared funds in my bank. You should have kept the whole deposit and told the idiot that it's a restocking fee or an compensation for pain and suffering....;)
     
  5. GregCon
    Joined: Jun 18, 2012
    Posts: 689

    GregCon
    Member
    from Houston

    "Im pretty sure even if you have it written and signed by both parties that their is no refund on the deposit you still have to give it back when push comes to shove. Something about no transfer of goods??"

    No....what the law holds is that when you offer a deposit, you are signalling your intention to buy, pending trasnfer of funds, and the consideration you receive is that the seller will take the item off the market and not sell it to someone else.

    If you choose to back out of the deal, you forfeit the deposit because you have 'cost' the buyer the ability to sell to someone else in that time. In other words, you paid him for the right to dick around with his time and, potentially, his pocketbook.

    As for fathers and sons...I once had a parts car that I was selling some parts off to a guy of about 35 years old. He was cool - but he brought his father (a self professed "old time hot rodder") with him and what a dick he was. Taking parts I never agreed to part ways with and tossing them on the pile, sneaking other items behind my back into the truck bed, and generally acting like he had seen every episode of American Picker four times.
     
  6. oldsjoe
    Joined: May 2, 2011
    Posts: 2,544

    oldsjoe
    Member

    Just goes to show "REAL MEN" whose word is their honor are difficult to find in this day and age! I believe in the statement time is money! Like others have stated you should have kept the whole deposit! Bringing kids and other non participating people to a deal is just WRONG! Keeping a man out in the cold for hours on end is plain cruel! My thought's are after a half hour to forty five minutes a man can make a decision yes or no! Either you want it or you don't! Sorry someone had the stupidity to put you and your wife through such BS! Hope your wife gets better real soon!
     
  7. raprap
    Joined: Oct 8, 2009
    Posts: 768

    raprap
    Member
    from Ohio

    Sorry hear that your wife and yourself had to deal with that ass. It happens more often now that in the past. There will always be that type of person out there. I've always been the "nice guy" my whole life giving people the benifit of the doubt, extending myself over and beyond until my wife said something to me. She said look, "you are always helping people with stuff and how many times have you been shit upon?" Get up out of the toilet and set goals, procedures and, yes, you may lose some jobs but what you will gain in personal pride in your work and the people who respect will come back in spades.
     
  8. Squablow
    Joined: Apr 26, 2005
    Posts: 15,146

    Squablow
    Member

    That's what I would have told the guy as he left with none of his deposit back. I consider it asshole tax.
     
  9. 49ratfink
    Joined: Feb 8, 2004
    Posts: 18,084

    49ratfink
    Member
    from California

    doesn't sound like a bad deal to me. $250.00 for talking to a nut job for a couple hours, I'd have gone for the full $500.00 though. I always make that crystal clear to any potential buyer, then I write it down on paper so they don't forget, that the deposit is not refundable.
     
  10. Each state has its own laws on "non refundable deposits", so if you go that route, just find out if your state allows it.
     
  11. fairlaneranch
    Joined: Aug 18, 2005
    Posts: 36

    fairlaneranch
    Member

    I hate selling for that reason. People flake out and you get stuck in the end ready to ram your head through a brick wall!! Better luck next go round.
     
  12. The problem is some people DO consider it some kind of game....When Its time to pay ...they think you will renegotiate on an agreed price...This guy actually was hoping I would drop the price just to do the deal..Like I cant find a different buyer for a 1947 ford convertible...what a dick head..
     
  13. Noland
    Joined: Oct 16, 2007
    Posts: 1,237

    Noland
    Member

    You should've kept the deposit. you deserve it for dealing with peoples bs.
     
  14. Raven53
    Joined: Jan 12, 2009
    Posts: 442

    Raven53
    Member
    from Irwin Pa

    I've sold cars like that, with a portion of a down payment, I have an agreement that I make them sign before I take the down payment it states clear as a bell if they back out , change their minds or dont show up to get it the down payment is gone...period. It seems that there are a lot of people anymore that a hand shake on a deal just isn't good enough. Sorry it happened to you. I hope things work out for you and the Mrs.
     
  15. Flootiebuell
    Joined: Jun 16, 2009
    Posts: 284

    Flootiebuell
    Member

    I will take a deposit that is refundable for 24 hours, then full payment is due. After 24 the payment is non refundable.

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  16. mashed
    Joined: Oct 15, 2011
    Posts: 1,474

    mashed
    Member
    from 4077th

    I smell the oil on every dipstick I check.
     
  17. stimpy
    Joined: Apr 16, 2006
    Posts: 3,547

    stimpy

    this is exactly how I do buisness , it used to be a persons word was it , but in the last 20 years I have resorted to your name on a written agreement and a deposit is non refundable as I have lost sales on cars because of a Non buyer and also relisting charges if it was in a ad .

    when I bought my 50 I put a cash deposit down and brought paperwork for the agreement on both parties .
     
  18. crob1
    Joined: Dec 6, 2013
    Posts: 57

    crob1
    Member
    from Colorado


    This is how I do it too. I dread dealing with people on craigslist. I'm proud to say that I've become a little more hard nosed about dealing with strangers. It's a shame that it has to be that way, because I'm old school. I'd like to be able to trust people and take them for their word, but you just can't.

    I've been lucky so far. I sold my 2004 Cummins Ram a few months ago to a friend of a friend for $32k. I started it up, backed it out of the garage, let it idle, he said he'd take it. Never once tried to talk me down. I insisted that we meet at my bank, so my bank could verify the funds, on his bank's cashier's check. It was a very smooth transaction.
     
  19. It's too bad that you had to put up with the BS. My word is good and I expect others to be good too, but I guess there are just too many people that grew up without anyone explaining to them about honor and that your word is your bond. It's a shame.

    Anymore, if I smell bullshit, the deal is off. I value a drama free life.
     
  20. halfdawg
    Joined: Jan 26, 2013
    Posts: 6

    halfdawg
    Member

    He paid $32k cash for a 10 year old pickup worth $16-$18k? Need more of those buyers, maybe he's in the market for an old Ford too!
     
  21. cavman
    Joined: Mar 23, 2005
    Posts: 648

    cavman
    Member

    The deposit deal can work both ways. A couple years ago when I bought my '32, I went to buy some tires from the guy who owned the car. I made the deal for the tires and a couple of old 6 shooters, and then asked if the coupe was for sale. It was. We agreed on a price. I gave him a grand in cash as a down payment, and said I'd be back the next day with the rest. The next morning early, he called me and said he had changed his mind, after talking to one of his friends. I told him I don't do business like that, and I had a reciept, with his signature on it confirming our deal. He could either do the deal, or end up in court. I got the car that morning. We haven't spoken since.
     
  22. adam401
    Joined: Dec 27, 2007
    Posts: 2,458

    adam401
    ALLIANCE MEMBER

    I hate stories like this but they are the rule now not the exception. You were entitled to the whole deposit. The deposit is the insurance that the potential buyer will pay you in full and not screw you out of selling the item to another potential buyer.

    This is the disconnect. If I read correctly you are 60? men of your age do deals based on a certain level of honor from a time where a mans word meant something and its seams some base level of manners were expected. Those days ate sadly mostly over and it sucks.
     
  23. lebl468
    Joined: Nov 5, 2013
    Posts: 46

    lebl468
    Member

    Ah, but do you tell the seller which bearing is burnt out in the motor just by smelling that dip stick? You may as well stick the dipstick in your mouth, then tell him the car needs an alignment.
     
  24. When ever I accept a deposit on any car I sell, I ALWAYS make it crystal clear the deposit is non refundable and ask if the guy understands what I'm saying. I hate taking deposits and if I feel pressured to do it, I get to keep it no matter what.
     
  25. BamaMav
    Joined: Jun 19, 2011
    Posts: 4,989

    BamaMav
    Member
    from Berry, AL

    I don't do deposits any more, it's cash in hand or no deal. Like the old saying cash talks, bullshyt walks....
     
  26. gtowagon
    Joined: Mar 23, 2011
    Posts: 406

    gtowagon
    Member

    I always will take a deposit on a car and they are always NON refundable and it clearly states that on the receipt I give and also gives a date at which the deposit is forfeited usally 2 days after. I once had a project car that I actually got more than I was asking from deposits and still eveuntally sold it for the asking price
     
  27. I had a 53 buick special for sale, guy shows up with his son love the car say they are down from Detroit and what to have it up there for a buick car show.I said I even would buy a cover for them to protect it on the trip back up north . They gave me $350. deposit 2 days later they call and said they changed their mind and wanted the the deposit back. I said sorry just made the house payment with it . Lifes too short for bull shit RIGHT? Bruce.
     
  28. GregCon
    Joined: Jun 18, 2012
    Posts: 689

    GregCon
    Member
    from Houston

    It's kinda lame to not accept a deposit for any sort of big ticket item. Unless youi are a dope dealer it's not likely you are going to walk around shopping for cars with $35,000 cash in your pocket.
     
  29. Buzzard II
    Joined: Aug 27, 2009
    Posts: 354

    Buzzard II
    Member

    Sounds like he just needs a good beating!
     
  30. Frankie47
    Joined: Dec 20, 2008
    Posts: 1,877

    Frankie47
    Member
    from omaha ne.

    I think this horse is dead already boys,....stop kickin' it so hard.
     

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