i sold a 31 chevy 5 window.... i thought!

i sold a 1931 chevy 5 window coupe on ebay, i had a buy it now price of $4500.00. a guy from fla buys the car. we talk a few times on the phone, he sends the money right away. and tells me hes going to have the car picked up by some transport company.some time goes by, he calls and says he's having trouble getting somebody to pick it up from connecticut to fla.now its over a monthes time, during that time i lose my job (boss just closed up shop) and my girlfriends mom dies from a battle with cancer.anyway... he decides he's going to come pick up the car himself.thats fine except with all thats going on in my life i was not going to be here when he picked it up.he knew this and was cool with picking it up by himself. so i get home later that day to find the car in the same spot i left it but now it was wrapped up in a tarp and looked to me like he might still be in town and went to get a bite to eat or something.so i call his cell phone only to find out he decided he didnt want the car. now remember, i gave him a detailed description of the car over the phone as well as a bunch of pics on ebay. he said he turned it down because there was no wood over the winshield. come to find out from my neighbor, the guy could barely get his trailor down my driveway, he hit the telephone pole in front of my house, and my nighbor also ***isted the guy with finally getting down the driveway and helped him wrap up the car.anyway the money was spent not to soon after receiving it ***uming a deal had been made. im not lookin to rip the guy off but im just wondering whos responsible for the car at this point? is it his car? or mine to resell and then pay the guy back. if anybody is lookin for a decent 31 chevy let me know. thanks.

 

How much time in all goes by? Id say hes beat. He bought it, too many people think winning an auction means you win the right to come look at the car. Not so...you bought it. Done deal.

 

When you press that confirm bid ****on,it states right below it:
"You are agreeing to a contract--You will enter into a legally binding contract to purchase the item from the seller if you are the winning bidder."
That seems pretty simple to me. He owns the car, it is no longer your responsibility.
Hope it works out for you,sounds like you could use a break right now.Good Luck....

 

You might want to contact Ebay on the lenght of time the buyer has to pick up his purchase..also any storage charges that you can charge

 

I would send him a certified letter stating how many days he has to remove the car. After that time start charging him storage But let him know that in the letter. This will at least get the time clicking so you can legaly take it back as an abadoned vehicle. You already have cash in hand correct.

 

cash in hand and spent! do to the ****ty month im having so far.

 

You you still have the ***le or bill of sale ???

 

He is right

 

i had the bill of sale taped to the dash, he did not take it.

 

Tell him you are now charging storage at $10 per day. If you have his address send him a regestered letter return recipt required , stating the storage charges and it must be removed within a certain time frame. Or same deal on the letter saying if not removed by a certain date you will have it towed as a abandened vehicle. Keep a photo copy of whatever you send him. You have kept your end of the deal ,now it's time for him to **** or get off the pot.

 

Hiow did he pay? Hopefully not thru paypal.

 

tell him to move it

 

Looks like you have a full house ( car & Bill of sale ) ... you win !!

 

He gave you the money, he bought it. Done deal.
What he chooses to do with his property after that is not your concern.
In this case, he chose to abandon it.
You now have an abandoned vehicle on your property.

Send him a certified letter giving him X-amount of time to come claim his property, and tell him you plan on disposing of the abandoned property in any manner you see fit.
It wouldn't hurt to go down to the Sheriff's office and talk with them, explain the situation, and have him make a call on the speaker phone to hear that the man has decided not to get the car.

-Brad

 

nope, bank check. already cashed and spent.

 

If he bought and paid for it then it is his car, unless you misled him somehow (fraud) and he has proof.

If you thoroughly described it, and, answered all his questions then he owns it IMHO, send him a registered letter demanding he come get it, give him a deadline then not only charge storage but file papers to regain ownership after 30 Days and resell it.

Al in CT

 

How did he pay you?????????? If it was PayPal he may screw you by having the funds returned to him, happened to be over a $71.00 deal. Who drives 20+ hours to get something they paid for and not take it home. Sounds fishy to me, good luck.

 

it was not paypal. it was a bank check that cleared and is now spent.

 

Great, I feel better now. Maybe the guy has more money than brains and can afford to loose $4,500. it is HIS car IMO.

 

How much time has p***ed since you cashed the check? The reason I ask- there's been talk of counterfeit bank checks around Atlanta.
I hope that's not the case.

 

its goin into the second month. no problems with the check. im just tryin to find out where i stand with this thing. and by the responses im gettin its pretty clear that im in the right.

 

He owns it now, you send notification and a deadline and keep or resell...the ball is in his court now.

 

At best I would negotiate a partial settlement with him. First off and I realize you likely can not afford a lawyer but I would be finding out the law.

The fact that actual ownership hasn't transferred may give him some rights. That you have the car and the money gives you the upper hand.

I also can not imagine that a guy would drive that far and then decide he didn't want it and then just drive off. I went to look at a car (2 1/2 hours) recently and turned around without it but I also had never paid nor completed a deal on it.

For him to attempt to sue you he will have to come to your state to do it. He can not sue you from FLorida. (He can get a lawyer to represent him in your state though).

That's going to cost him a ton as you'll delay, delay, delay.

I would agree to re-sell the car and refund him, less costs. If the new sale price is less than what he paid, then he is out of luck.

I do not know what rights he has in stopping payment on the check. From the sounds of things, it is likely too late for him to do that.

Call your states Attorney Generals office. They will generally answers your questions in generalities for free. They won't get specific in your case but they will explain the law to you.

 

Yup! you win! Sell it again!!! I had that happen on a 54 Chevy years ago. I ended up trading off the car for some parts MONTHS after the guy was to pick it up.

 

If you have never been in a court of law, this may be your chance. Speaking from experience, being in the right does not keep you from being sued. Anyone can sue anyone over anything. May cost you a ton in time and $ to prove you are right. Not to mention those sleepless nights. May be easier to find the nearest exit. Hope it all ends well.

 

Print up everything - the auction page if it still comes up and all the emails. As noted, contact the guy and tell him he has X days to come get it - 7 is plenty - and after that you charge storage. Email and send copy of same via registered return reciept mail.

Before you come up with a fee call several tow companies and find out what they charge for outdoor storage in the area. Average the rates and charge a little less, unless they're all about the same. Do***ent who you called and what they told you (write it down) and keep that with the other paperwork. If he doesn't come to get the car, eventually the storage fee adds up to more than he paid and you can do what you want with the car. If you know a lawyer or as noted contact the attorney general and verify what your rights are for your state.

When I put cars on eBay it states right in every auction the winner has 30 days to come get the car and we're more than happy to be reasonable with people but if someone can't be contacted for whatever reason after that time a storage fee is applied to the car. So far the only one I've boned myself on is one I sold off eBay to someone from out of the country.

I also state Sold As-Is and note that the buyer should inspect the car prior to purchase. I find it hard to believe this guy would walk away from $4500 over one piece of wood in the body, so I'd plan for him to try to screw you somehow. We've had guys show up with rented truck and trailer and walk away, but they hadn't paid for the car.

 

what kinna ****head drives that far, and finds a piece of wood missin, and leaves???after hes already paid????? wow...

 

My opinion is, these matters are not what this forum is for. These are legal matters that you should have legal professionals take care of. We are all car guys with a somewhat common bond being on this forum. Our opinions or solutions may make you feel better, but are not advice from very qualified counslers. Sorry you have personal issues and hope they all get better. Get ***istance from Police or a lawyer that is qualified and get it resolved correctly. And I see another guy giving advice that has a post earlier with a similar type issue???Good Luck

 

as long as i is written in the bill of sale or in the auction description about how long he had to pick it up you are covered,if not you would be better off legaly to contact him only through certified letters about removing the car. in washington state you can have a vehicle impounded privately off your property. easy way to get rid of that parts car that was supposed to be hauled away months ago.

 

Ive been in a similar ( kind of) situation. After that amount of time, Ebay cannot do anything. HE owns it. I bought a motor that was supposed to be good, but took almost a month before i installed it, Turns out it needed a new head, waterpump, and had a damaged piston (smashed into the valve because it was started with the timing off and wrecked the head.) I tried getting some money back to pay for a new head, but there was nothing that could be done. He owns the car.... but then again.. you have the ***le.. looks like you hit the Auto Lotto!!!! if you were closer id say, if you dont want it, just give me the ***le and ill have it out of there in no time, call it a done deal!!