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THIS IS A MUST READ FOR ALL !! I NEED HELP !!

Discussion in '1973-1991 K5 Blazer | Truck | Suburban' started by **DONOTDELETE**, Apr 2, 2001.

    OK this is the deal: As you all know by now I "SOLD" the Burb. Well I thought it had sold anyways. The buyer had my local AMMOCO put in a new tranny($1500 and he knew I wasn't paying it back if the deal fell through) and he also sent me a deposit of $1500 in cashiers check.(Nothing said about a refund or anything and yes I deposited it). He called on the day he was suppose to fly to KY and said there was a problem with the bank. I was thinking here we go again, but this guy has a vested interested in the Burb and will figure something out. Tonight he calls and says "I have some bad news, I am cutting my losses and it looks like you have a new tranny and we'll figure out something on the deposit." He said the place he tried to get a loan through was a fraud and he got taken. He says he will call later tonight to talk over the rest. I am not a jerk, but this guy has gone too deep and I may have loss other chances to sell the Burb when I needed to the most. I took it off of paid sites where it was for sale and out of magazines and papers that I had paid for. I don't think this guy knows what a pain this has become now. I told him I would give him some time(did not specify how long)to try to get the money(another $5000 on top of his deposit) and we could still do the deal. He still insisted that he had to cut his losses. I don't know what to tell this guy. I am the one looking good in this, but I turned down one hell of a trade to have him buy it and it has been a pain in the butt. What do you guys and gals think I should do. Legally I think I am good to go. I did not agree to anything, the tranny was totally on him and was understood 100% that he was paying for it and I had nothing to do with it and the deposit was to hold the truck until he could pay the rest of the purchase price, nothing said about a refundable deposit or. I asked him what if the deal didn't go through and he insisted that it would and that he wasn't worried about a thing. I went along with that pretty much until the call about the bank problem. HELP "morale dillema" !!! BIGBURB LIVES TO WHEEL ANOTHER DAY !!

    [​IMG]<font color=red>BigBurb[​IMG]
    <font color=purple>IF YOU'RE SCARED, SAY YOU'RE SCARED !!
     
  1. muddin4fun

    muddin4fun 3/4 ton status

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    Are you still gonna sell it? If you were looking to clear your morale dilema, pay him back the deposit. He said he'd pay for the tranny, rain or shine right? So he's expecting that to be down the toilet.

    [​IMG]


    <A target="_blank" HREF=http://muddin4fun.coloradok5.com>http://muddin4fun.coloradok5.com</A>
     
  2. sarazk5

    sarazk5 1/2 ton status

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    I'd be really careful with that deposit, cashier's check. It is possible to put a stop payment on one of those. If the guy was involved in fraud of some sort that check may get canceled. I'd make sure you keep it in the bank till all of this blows over. On another note. You can probably get more for the truck now that it has a tranny :-)
     
  3. MudFrog

    MudFrog 1/2 ton status

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    Dude... That really sucks. I'd have to agree with the part of giving him back the deposit once it sells. Same thing happened to me one time, however the deposit was $200. Guy couldn't get the money, and thought I was keeping the deposit. I just ripped up the check. I didn't do anything to earn that money, so why should I keep his money? Anyway you got a tranny out of the deal. Maybe I should try that when mine goes out...lol.

    89 K5 Silverado
    <A target="_blank" HREF=http://mudfrog.coloradok5.com>http://mudfrog.coloradok5.com</A>
     
  4. The deposit check was cashed to verify that it was reall and then deposited in my account so it is there 100% and as for the truck selling better, actually it hasn't. It had more people interested when the tranny went out. I will definately keep it in the bank untill it is all said and done.

    [​IMG]<font color=red>BigBurb[​IMG]
    <font color=purple>IF YOU'RE SCARED, SAY YOU'RE SCARED !!
     
  5. Storm Trooper

    Storm Trooper 1/2 ton status GMOTM Winner

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    Isn't the $1500 dollar tranny good enough for your troubles?
    Are you sure the work was done?
    I'd talk to the tranny shop first about what was done, spend a little money to rekey the truck and start contacting the guys that wanted to deal. Check with your bank to make sure the check cleared and if it did, tell the guy the moneys spent and you will return it as soon as the truck sells.
    Are you SURE you don't want to keep it??? now with a new tranny? I think the Burb was home sick...........[​IMG]

    [​IMG]
    [​IMG]<font color=red>Rid'in High In My K5[​IMG]
     
  6. Can Can

    Can Can Pusher Man Staff Member Super Moderator

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    Legally, I'm sure you're covered. But morally, that's another question. I'm not trying to question your integrity, by the way, just trying to look at the situation from both perspectives.

    Why not refund a PORTION of the deposit? I understand that you're out some cash from cancelled advertising, and your time is DEFINITELY worth something as well. This guy knows he's screwed, but if you were in his shoes, you'd really hope that an everyday guy wouldn't give it to you dry like a bank would. After all, the little guys have to look out for eachother[​IMG]!!!!!!!!!!!!!!

    The tranny deal- well, that's his problem. Too bad, so sad.

    If you still want to sell the rig, I can't see how you'd have a problem unloading it, especially if it has a new trans and the sale price hasn't changed.............

    Just my thoughts.................



    <font color=red>PHOTO ALBUM-</font color=red> <A target="_blank" HREF=http://albums.photopoint.com/j/AlbumList?u=1289798>http://albums.photopoint.com/j/AlbumList?u=1289798</A>.......<font color=blue>TRUCK & HIKING PICS</font color=blue>
     
  7. Why does it sound like people are making me out to be the bad guy ! A little common sense goes along way in this world. The tranny is a rebuilt AMOOCO tranny, the only thing it has going for it is the 1 year warranty. It was paid in full by the so called buyer and his deposit is cashed and in the bank. He won't see it back until I get something in writing saying our deal is done and we are both free and clear of it all. The guy never even saw the Burb, only on the net and through e-mails and phone calls. I had the price low due to buying a new house and need the money desperatley. Oh well it is like you said " The Burb didn't want to leave me" Thats my girl !

    [​IMG]<font color=red>BigBurb[​IMG]
    <font color=purple>IF YOU'RE SCARED, SAY YOU'RE SCARED !!
     
  8. I won't do him dry ! I never said that I would. I have to keep my interest in mind, like what if he decides after I gave him back the deposit to take me to court over the tranny and whalla more money out of my pocket. I am in the middle of buying a house and don't need money troubles at all. I'm just gonna take it slow and easy and see what comes out of it all. I would have never gotten my self into a situation such as this, but I will do my best to be moral in the outcome of it all.

    [​IMG]<font color=red>BigBurb[​IMG]
    <font color=purple>IF YOU'RE SCARED, SAY YOU'RE SCARED !!
     
  9. Derf00

    Derf00 1/2 ton status

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    It is deals like this that keep lawyers in business. You were trying to be the good guy, and if you aren't careful, you will be the one getting screwed. Just my .02 worth, but you best go see a lawyer.

    Derf00
    http://www.derf00.coloradok5.com
     
  10. Exactly what I was thinking. I will make me an appointment in the morning !! Things always seam to turn out for the worst for me, I will take this one easy and stay on top of it.

    [​IMG]<font color=red>BigBurb[​IMG]
    <font color=purple>IF YOU'RE SCARED, SAY YOU'RE SCARED !!
     
  11. 4x4k20

    4x4k20 1/2 ton status

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    did he pay to have the trans fixed?and give you a check for 1500 if he did i would give his 1500 back and be happy with the rebuilt trans. lawyers cost you money and time

    4x4k20
     
  12. thatK30guy

    thatK30guy 1 ton status Premium Member

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    There is a lawyer on this site. Cant remember what his username was. He sounded pretty reasonable from the way he was talking. Anybody else know who I am talking about?
     
  13. 85Blazernga

    85Blazernga Registered Member

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    Isn't there a new guy here on the site that is a lawyer? He posted a forum stating that if anyone needed some legal advice he would be there. I would run it by him.

    GSB
    Forever #3!!
     
  14. doonjumper

    doonjumper 1/2 ton status

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    If it were me I would keep the money until I sold the burban. Then I would give him the money back in full. No it's not your fault that he got burned, but to be fair you did get a trani out of the deal even if its not through the best tranni shop in the world. Like you said there was no agreement that the money would be returned if there was a snag, however there was no agreemnt that it wouldn't. That is what a judge will look at. As for a lawyer he or she will eat up that $1500 in no time. Just think, if you were in his shoes what would you want him to do and do that. Fair is fair.
     
  15. BadDog

    BadDog SOL Staff Member Super Moderator Author

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    His name was "LasVegas" I think. Good luck BigBurb, sounds like a mess. Me, I wouldn't give up a dime till I got clear, then, deduct anything extra "over head" (including time, phone calls and aggravation) before refunding ballance that is over the total truck value.

    Bad Dog

    85 K30 CUCV, 350 TBI, TH400, NP205, D60/C14, 4.56
    Coming soon: 4" lift, 40" tires, massive cutting, shorter wb and rear overhang.
     
  16. I called him and we agreed to a settlement so we can put it behind us and not have hard feeling towards one another. Easier said than done, right? I am still gonna check out the legal end to make sure I don't get screwed in any way shape or form. I had him decide on what he thought was fair, so it isn't on me when it is all said and done.

    [​IMG]<font color=red>BigBurb[​IMG]
    <font color=purple>IF YOU'RE SCARED, SAY YOU'RE SCARED !!
     
  17. I am in the military so i can get legal counsel for nothing. Not what i would call the best, but it has helped in the past. Not sure if they can deal with this one or not. They faught a bank for me once over a car that was totalled and the bank made me pay on it for a year after it was wrecked. Long story, but over ! We agreed to a settlement that will make us both happier and part not as enemies. I didn't want the guy to feel worse about the situation than he had to. The tranny was on him and he agreed 100% to that fact and for the deposit we'll keep that between us. He came up with the settlement terms and I agreed to them. I just hope the Burb sells before the closing of my house.

    [​IMG]<font color=red>BigBurb[​IMG]
    <font color=purple>IF YOU'RE SCARED, SAY YOU'RE SCARED !!
     
  18. Can Can

    Can Can Pusher Man Staff Member Super Moderator

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    Whoa brother!!!!!!!!!! I'm wasn't insinuating that you were gonna hang the guy out to dry. In fact, I fully believe in looking out for yourself. All I was trying to do was offer an unbiased look at the situation. You were asking for ideas on how to handle things, and I offered one that hopefully saw everybody come out OK.

    The lawyer thing might be an option, but in my experience, any time you start involving lawyers things can get complicated and expensive really quickly.

    Once again- Just my thoughts.....................


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  19. thatK30guy

    thatK30guy 1 ton status Premium Member

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    I would still suggest bigburb to talk to lasvegas. Lasvegas did say on his post that if we had ANY questions, to ask him. He did NOT say, however, that he was going to charge anybody. I would assume that as long as someone had something to ask lasvegas, ask him on the forum so everybody else can read about it and learn from it. This is probably what lasvegas is thinking too. I could be wrong here.
     

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