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WHo's wrong here?

Discussion in 'The Lounge' started by newyorkin, Dec 7, 2002.

  1. newyorkin

    newyorkin 1 ton status

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    WHo\'s wrong here?

    I sold a car on Ebay on 7/13/02. The buyer is from canada and sent me a downpayment pretty much right away. I had thought the car would be fine driving up there, but told him not to assume that because it's been sitting so long, anything could be wrong and he should have a backup plan, I.E. Uhaul tow dolly and uhaul truck. He's like fine, whatever, we'll work something out. He doesn't really start to make any effort toward picking the car up until late september (auction pickup terms were 10 days unless we agreed on something else, and we loosely agreed on a week or so extra). At that point, he asks me to take the car to a mechanic to check it out before he comes down to get it. Not unreasonable, a little of a hassle, but fine. I go out, start the car, start to pull out (pretty impressive, it had been sitting for years), and notice a soft brake pedal, then see brake fluid dripping from under the car. I parked it and told him he has to tow it. I knock $100 off for him, too, even though I forewarned him it might end up undrivable.
    So I hear nothing from him from then to about 1 1/2 weeks ago. I email him that there's a situation at my house where the car is and it has to go ASAP, if he can't get it by 12/1 I'm relisting it. He emails me that he just happened to be typing me a message when he got mine, and that he's booked rental equipment to come get the car today (12/7), a week after I wanted to start a new auction (I wanted the auction to be over by today, so I could hopefully have it gone by 12/14, before I have to "pay" for storage).

    So here's today, and I haven't heard from him since he told me he was coming here. He may have my address from a previous message, but I don't know. Anyway, here's what I wrote him today:

    </font><blockquote><font class="small">In reply to:</font><hr />
    _____, this car has to go. You were supposed to be getting it today, but
    I haven't heard from you all week, and today is here and passing. Is there
    any possibility you can make it here today (maybe you're on your way?) or
    tomorrow? If not, I'm sorry, but I'm relisting it on Ebay tomorrow evening
    when I have time to set up the auction.
    I have to move the car to storage sometime this week, since I have to allow
    at least a week after the auction for someone to pick it up, and by auction
    end the car has to be gone. I have no place to store it, so I will have to
    pay for storage.

    [/ QUOTE ]

    Here's the question:

    He sent me $500. My auction costs were around $80 or so (I have to look it up). I don't remember if I listed it as non-refundable (I'm sure I did, I always do when I sell and people have never wanted a refund). I really don't want to refund him the money, but to be honest, I'm pretty annoyed that this car is still in my yard. The only thing keeping me from being pissed is the $500. If I give it back minus my auction costs, I'll be realllllly pissed that the car sat here that much longer.

    So should I refund him or be stiff and keep it?

    Anybody want first shot on an '84 caddy limo that has to be gone (and towed) by 12/14, before it goes on ebay?
     
  2. 87Blazerlady

    87Blazerlady 1/2 ton status

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    Re: WHo\'s wrong here?

    If you listed it as non-refundable, the $ is yours as agreed. Keep it. /forums/images/graemlins/deal.gif /forums/images/graemlins/grin.gif
     
  3. Z3PR

    Z3PR Banned

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    Re: WHo\'s wrong here?

    A deposit is to insure the buyer follows through. If the buyer doesn't follow though with the agreement, then said buyer forfeits said deposit !!!!!! Contact Ebay about thier rules.
     
  4. gotmud?

    gotmud? 1/2 ton status

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    Re: WHo\'s wrong here?

    At the very least you should keep the auction costs, as for refunding the rest I would say it depend's on the guy's finacial situation(witch you probably don't know)that 420 buck's might be the difference between a 5 dollar toy or somthing much nicer for his kid's for Christmas, I know most people will say keep all of it since he dinked around so long, that's a tough one without knowing his background /forums/images/graemlins/confused.gif
     
  5. m j

    m j 1/2 ton status

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    Re: WHo\'s wrong here?

    agree with the rest.
    Cash is yours.
     
  6. Z3PR

    Z3PR Banned

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    Re: WHo\'s wrong here?

    </font><blockquote><font class="small">In reply to:</font><hr />
    I know most people will say keep all of it since he dinked around so long,

    [/ QUOTE ] Storage fee /forums/images/graemlins/thumb.gif /forums/images/graemlins/thumb.gif
     
  7. thatK30guy

    thatK30guy 1 ton status Premium Member

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    Re: WHo\'s wrong here?

    What the others said.....

    Non-refundable deposit means it's yours to keep. He had his chance. If he gets pissy about it, have him deal with eBay. /forums/images/graemlins/thumb.gif
     
  8. balzackks84

    balzackks84 1/2 ton status GMOTM Winner

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    Re: WHo\'s wrong here?

    Keep it. If you feel some needs to be returned wait to see if it has to go into storage, then take all storage costs out of the $500, just to break even. But i say its yours.
     
  9. newyorkin

    newyorkin 1 ton status

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    Re: WHo\'s wrong here?

    Well, I got a reply from him last night. He says we can wait until after the holidays for him to pick it up, I can knock the price down even more and he'll call a transporter, or call the deal off and I return his $500.

    I'm replying to him right now. I think I've been way more than giving on this deal already, and if I now have to attempt to resell the car in a season that noone buys cars in, plus store the car, I'm not returning his $500. If he called the deal off in september when I could sell the car without having to store it, it would be fine, I'd refund him minus my auction costs, but at this point, and after the general consensus saying that's about right, I'm going to keep the deposit.

    Thanks for the input, all!
     
  10. newyorkin

    newyorkin 1 ton status

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    Re: WHo\'s wrong here?

    Well, here's the message I just sent him...

    </font><blockquote><font class="small">In reply to:</font><hr />
    ____,

    The deposit was non-refundable. At this point I'm sticking to that. Had we called the deal off months ago, I would be fine refunding it minus my auction costs, or refunding it altogether if I could re-list the car without fees from ebay. The situation being the way it is, is the very purpose behind the non-refundable deposit.

    Here's why:

    The purpose of the deposit is to ensure you're serious about buying the car, to prevent me from selling it to someone else, and to cover any unexpected costs should the deal fall through.
    I've already paid the $80+ to Ebay for the auction, and at this point, it's too late to get that refunded or the car re-listed for free. Your deposit ensured I was not losing money by letting the re-listing window pass.
    I am now put under the gun to get the car out of here, when for the past 5 months I have not been. Your deposit will now go to pay storage fees until the car is sold.

    While communication between us hasn't been terribly fast, I've always responded to your messages in less than a few days, usually right away. The most delay incurred on my part would probably have been when trying to get the car checked out by a mechanic, at which point when I discovered the driveability problem, I notified you before even closing the car back up. The rest of the delay has not been on my part, therefore the loss of time to resell the car, the now-cost of storage, and possible loss of a rushed re-sale, is the responsibility of the deposit.

    Because it's a weekend, I haven't been able to look into many storage options yet. I do know someone with a yard at a shop that is willing to store it for $150 a month, but he is in the middle of closing his sale of the shop, in which case I may not be able to store it there that cheap for even a full month.

    I also have to pay to have the car towed to the yard, which will likely cost $150, I know at least $50 if I can do it myself before deadline. All of these costs, except auction, were to be avoided when I initially put the car on Ebay in July. The deposit is what insured me against incurring these expenses myself, and also what stopped me from taking action that would prevent me from incurring these expenses out-of-pocket, such as relisting the car or selling it sooner.

    I don't doubt that you want the car, but I cannot wait any longer to have the car gone, the option simply no longer exists. If you would still like it and do want to wait until after the holidays, I will honor the final price of $900 ($1000 winning bid -$100), but any and all additional costs of putting the car in storage will be 100% your responsibility, and must be paid as soon as I know what they will be. As of now, I'll be putting the car in another auction on Ebay tonight.

    Thank you,
    Rob.

    [/ QUOTE ]

    Hopefully, he'll be understanding about it...
     
  11. laketex

    laketex 3/4 ton status

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    Re: WHo\'s wrong here?

    Hey man, even if he doesn't understand, tell him to bite your a$$. He's not a man of his word, a cornerstone of this country that has long been misplaced somehow. I don't think I'd have been as nice about it as you were.

    Btw, what kind of car is it?

    If you look at it this way, just a thought...

    $1000
    $100 refund
    $500 deposit
    $80 ebay fee

    You're only out $480 at this immediate point. Do you think you could sell it to a salvage yard for that? Or offer it up here!
     
  12. thatK30guy

    thatK30guy 1 ton status Premium Member

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    Re: WHo\'s wrong here?

    If he gets beligerent about it on the next e-mail, tell him to go **** himself. /forums/images/graemlins/angryfire.gif
     
  13. newyorkin

    newyorkin 1 ton status

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    Re: WHo\'s wrong here?

    Good point. I could probably get $500 for it from a salvage yard. I should look into that this week then before starting a new auction...

    It's an '84 caddy limo, not-stretched (not a lot of them made), jumpseats. Apparently, it's worth a lot more, there just isn't really anyone that wants to pay that much for it. It sat a long time, so it's got some rust issues under the vinyl top, rusted exhaust, rusted drivers-door bottom, plus whatever I don't know is going on underneath it. I thought $1000 was pretty darn fair for the interior condition and the fact that it started right up after sitting for two years... It was in awesome condition when parked (except for a small fender dent and bad deck lid fade), it was never intended to sit that long, so it wasn't really properly set up for it. Part of the reason I'm thinking I may sell the K5, I don't want it's fate to match this caddy's....

    Wes, if the guy does get beligerent and doesn't want to take the car plus the expenses, I'll tell him exactly that!!
     

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