Yup happened to me with a 62 Chevy Impala moredoor. Agreed on a price,shook hands. Went to get the money and when I got back to pay for it, he said," Hold off a couple days I gotta find the title." Went back a day later and it, a Ford Falcon Ranchero and full size van were being loaded on to a flat bed. His son told me later that he sold them on ebay for less than I had offered. He was pissed at me because he was hot after my step daughter's mom before we were married.
By accepting the cash he agreed to the deal you stuck and it was/is legally binding. You have every right to recover any expenses you lost as a result of all this. Travel, hotel, transport, fuel, etc... I'd have to go after him legally on principal alone were I in your position.
One problem with going to court. A verbal contract is binding, but it's also not worth the paper it's written on. Sounds like you're in the right, but can you prove it? The only time something like this happened to me I lost the deposit, too. No point talking to a judge without paperwork in hand.
A friend had a slightly different variation of this happen in the last year. He is a mechanic that works out of his house garage and a older fellow dropped by with his basic ford Taurus looking for some work to be done. He noticed an 80's vette being worked on and mentioned he still had his old one kicking around. After a bit of talk they go look at the old fellows car and it is a 1967 hard top with a 427 single four, 4 spd, AC, PW car that was parked in 1982 with 80,000 miles and never disassembled. Mice had done a number on the interior but the rest was nice after sitting in an enclosed garage. My buddy was tight on money a bit, but they struck a deal for $20,000 and the guy took a deposit and agreed to store it for the winter as my buddy had no place to park it. Heres the bummer. The fellow was 84 years old and passed away before spring and his kids came in to settle things and they just handed my buddy back his deposit and said goodbye. I had inquired with a local corvette restoration shop and the car would definitely be worth $30,000 on the open market, but his plans were for a keeper. My friends in his late 50's and it was one he really wanted. Oh Well Shite happens.....
Paperwork is important as proof of the transaction. If you have paperwork, you can file suit, put up the value of the completed transaction with the court, in escrow, and they can send the sheriff out to pick up the car wherever it is, and the car will be stored until hearing. If you win you can get all costs back and the car. If you lose, you lose all. Power is in the hands of the law, right or wrong.
"Sounds like you're in the right, but can you prove it?" I think very well, here, as the person who went to pick up the car is a witness!
KARMA. You take the high-road. You have moral character. Don't worry, he'll get his just reward some time in the future.
I sold a 67 KR 500 project to the first person, then had 2 others offer me double what I ask. told them no deal. the guy that bought the car called later and said that I sold him a car a whole lot better than I described. I felt good about that.
The guy's an ass - Go get your money back. Did you get a receipt for your deposit? If so you can use it and the guys message and try the lawsuit. Good luck with this scumbag.
And then there's the other side of the coin,...... Just to make some of you feel better, I going to tell a little story that just happened to me recently,... I am still a little shocked over. I had got a tip on a car went over to check it out, really nice guy, but he wouldn't give me a price, he just insisted I make him a offer,... I said I really don't want to be the buyer and the seller, but I gave him a price that I thought would be fair to both of us. As soon as it left my lips he said "SOLD!",..... I tried to give him a deposit a number of times before I left, but he said "it will be right there for you when you come for it" and offered me a hand shake,..... I said O.K. Well it took a couple extra days to get back to pick it up ( normal "life" stuff got in the way) I called him and explained he said no problem,..... so the day comes to pick up the car, I roll into his yard and I get out and hand him the envelope with the cash in it, He said how much is in the envelope?,..... I told him it's the amount I offered but suggested he count it,... then he said "well we never really agreed on a price" my heart sank down to my shoes,...... I said well what did you have in mind ? still hoping to put this deal together,.... all this time he's watching my reaction,.... so he asked again how "much is in this envelope ?",..... and I repeated it. he reached into the envelope, counted out, and handed me back 5, $100.00 bills ! It was the weirdest thing, This was a man of his word and now I felt guilty !,.. I tried to insist he take back the money,... but then he said "this is all I wanted for it",.... "use that $500.00 for parts,.... please!". The point is, I have been scammed, lied to & ripped off a lot of times over the last forty some years,... ( theres still a "friend" in Walpool Mass. that has owed me a couple grand for the last 9 years, I will undoubtedly never hear from again ). But don't loose heart, there are still guy's out there whose word is there bond and whose hand shake is better than any contract. We should try to be like my new friend Charlie
Like my daddy said many times before he left this shitty old world," If a man's word is no good,he's no damn good".
Your new friend Charlie is a brilliant man. You will never forget him, and his sterling reputation will talked about by you over and over again, AND he got what he wanted for the car. Brilliant indeed.
Other side of the coin here ... I made a sale ... took the deposit. Waited for 8 weeks ... still no final payment. I had cashed the deposit check after 2 or 3 weeks. It was for $1,000 dollars. Then after 8 weeks, the guy tells me he cannot come up with the rest of the money. He wants his deposit back I said no and keep the grand. I sell to someone else. The original no pay buyer ... takes me to court ... in front of a jury ... and even with the legal documemt ( sales agreement and the check saying deposit ) ... the jury gave him back half the money I was shafted for 500 dollars and legal fees because the guy is a POS. .
You guys are worrying me now... I had my roadster on the bay with a buy it now and a make offer and no one hit it.. I had many offers and with the economy the way it is right now everyone thinks i need the money... Nope.. Id like the room and an addition on the garage so ill sit on it.. I was also offered a lot of trades that didnt meet the figure i wanted. I have a guy supposedly coming to look at it next week but thats not confirmed and I supposedly have a deposit of a grand coming any day now to hold it for a month at a higher price ... Im gonna wait till the deposit check gets here and then im gonna email the lower price guy and tell him its sold or held with a deposit. This buyer really wants a 32 roadster and he likes mine so ill wait. I cant do anything till spring as far as an addition on the garage so its no biggie. I did tell him send me 1k just like the ebay deal and I have the email yet i think. It was a deposit a non refundable deposit of 1k.. I really hate to do shit like that but if he isnt blowing sunshine up my ass then we have a deal.. If he is then he is out.. Good luck on your deal.. Dave
Had a FRIEND a couple years back sell me a 53 olds. On my way to perchase, cash in pocket he calls and sez his WIFE changed her mind and didnt want to sell it no more. The next weekend at a show I see some kid with the car and strike up a conversation he tells me he paid 4500.00 for the car wich was $1000.00 more than he was selling it to me. So the prick lied to a friend to make an extra grand. Sure money talks but a deal is a deal. And ever since this happend the guy is a prick in my book and tries be my friend. plus what kind of pink panty wearing fag has to use his wife as an exuse. F%#@ HIM!!
I've been on the selling end of similar situations a few times. I've even tried to buy off my original buyer. Had a '60 Chevy truck cab and sold it for $500, then someone else offered $800. I called the first guy and told him I'd pay him $100 to not buy the cab, but he wasn't having it. He came and picked it up, paid the $500. When I go to buy something, I bring the cash and a trailer. If I don't have the cash or I don't bring the trailer, I don't need it that bad.
I just went to pick up a newly blasted and painted frame for a chev and the older fella saw my two young kids with me drooling over his car collection so said it was so nice to see younger kids interested in cars and promptly filled my pick up bed with parts(all for free).
I once took a deposit on some parts and after the guy that gave me the money left this other guys shows up wanting the stuff, bad! He offers me more money and waves it in my face. So, I told him it was sold and that he should talk to the new owner of the parts and work it out with him. I got paid two days later, told the buyer about the second guy and he contacted him later, ended up selling him a couple of those items. And that was between them since I got my money and got out! I would definetly take this prick to court or have him make it worth your while. Does he have a hot Ol'Lady? LOL!
Be nice to the jerk... if he doesn't know how far away you live from him. If it's a 30 minute drive... tell him you live an hour and a half away and you can meet him in the middle to get your deposit money back. Make sure the "meet in the middle" place is within walking distance of your house... LOL... i've pulled that on a guy once. He pulled the rug out from under me, so I made him "meet me in the middle" and deliver my deposit back to my place. Kinda nice having a scumbag seller bring your deposit back to you. Be sure to tell him that you live just around the corner once you get your money back. Make him feel stupid.
that dude is a JIVE TURKEY heck with him get yer deposite and forget him! hopefully you will find a better car anyway. cobey
When ever I buy a car from a private party, I write a bill of sale right then. Complete info, both our names, addresses, vin, purchase price, etc. I hand write two copies, one for each of us, and both sign each copy. I then explain to him that he has sold the car to me, it's my car and he can't sell it to anyone else. If I don't have the cash to complete the sale with me, I leave a deposit, or write a check for the full amount. I note in the bill of sale the balance of the cash will be paid when I pick it up, along with the title. If I wrote a check, I note that the check will be exchanged for cash when I pick up the car and title. I'm not a lawyer and this may have some loopholes, but I've never had anyone try to screw me when I've done it this way. Also, note that the car will be in the same shape, with the same equipment it has on it now.
I've learned, -show up with cash -bring your trailer -signed papers, by both parties -get the fuck out
When my wife bought my 61' project for me, we went out to pick it up and she paid "joe" an extra $50 for it. We didn't mention it at the time, she just added it to the price and we left. A couple days later he called and said "you paid me too much", so if there was anything else off the cars in his yard we needed just let him know and we could have our pick at .................................................yes you guessed it no charge. As long as he didn't need it for one of his projects. Since then we have traded or given each other parts to further our projects. I rewired one of his cars because of a fire in the engine compartment. What goes around......................
I know that a lot of you are saying that a VERBAL agreement is a binding contract, but in the eyes of the law you better have more than that. Unless you have a impartial (not a friend) witness, the judge has no way of knowing who's lying. So guess what... the judge dimisses both cases, you've wasted your $50 and your time (with is worth much more). When I've bought cars through private parties, I have them write out a bill of sale stating that they are selling me the car (year, make and model), what the agreed upon price is, date and how much of a deposit I've left down and what time frame I will pick up the car. Then I write out a check for the amount that matches the bill of sale. I've just created a paper trail that cannot be disputed. You leave somebody cash on their word, you just set yourself up. There are too many bad people out there to not take precautions. Takes a couple of extra minutes. Is it worth it to make sure the deal doesn't fall through??? You tell me..
Exactly man. Hell, I do that anyway... if you play your cards right you can usually get a better price that way. Even if i'm remotely interested in a car, I bring cash, trailer etc. So many people kick the crap outta the tires... it's pretty tempting when a guy shows up with green backs, a trailer and a good attitude.
My first (running) car as an excited 16. y.o. was going to be a Chrysler non-letter 300 2dr HT, $500 in 1980... Gave the lady $100 of my money I earned $2.95 at a time, and was coming back the next day with my dad and $400 so we could drive it home... The next day we go to the house, the car is gone and there's an envelope thumb-tacked to the door, somebody offered them more and they took it, here's your $100 back... I knocked on the door and I could hear them inside, but they wouldn't answer. Fuckers
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