What would C-3 Gen do?
Thread Starter
Race Director
Joined: Jan 2004
Posts: 18,398
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From: If the world didnt suck, we would all fall off. Troy,Ohio.
Cruise-In VI Veteran
St. Jude Donor '04-'05-'06-'07-'08
Drifting
Joined: Apr 2007
Posts: 1,892
Likes: 3
From: Springfield Illinois
I would call the guy in the morning for the last a final time. If he does not answer, I'd tell him he has until noon to respond (in the voice mail). If he doesn't respond, I'd sell it to the first person with cash in hand. It's hard for me not to feel bad for the guy because $1200 is a lot of money to throw down the toliet, but that's what a deposit is for. The deposit was intended for you to hold the chassis until 12/01, as far as I can see you have done what you were suppose to. He, obviously, has not completed the sale. Therefore, I would sell it.
I sort of look at it like rental property. The deposit is to assure the landlord that his property wont get torn up. If the tenant doesn't destroy the place then they get their deposit back. Your deposit from what I can see was to ensure you that he would buy the chassis within a certain time frame. If he would have completed his part of the deal, he would have gotten his deposit back (to pay for the chassis) and to pay the remainder of the balance. Technically, the deposit is for you to do a little christmas shopping on yourself. If it makes you feel better, you could give him half of it back, but I wouldn't give him anymore.
I sort of look at it like rental property. The deposit is to assure the landlord that his property wont get torn up. If the tenant doesn't destroy the place then they get their deposit back. Your deposit from what I can see was to ensure you that he would buy the chassis within a certain time frame. If he would have completed his part of the deal, he would have gotten his deposit back (to pay for the chassis) and to pay the remainder of the balance. Technically, the deposit is for you to do a little christmas shopping on yourself. If it makes you feel better, you could give him half of it back, but I wouldn't give him anymore.
Le Mans Master
Joined: Nov 2004
Posts: 7,186
Likes: 45
From: detroit area
depends on what the contract says...
nonrefund deposit/etc...
give him till tuesday...then sell it
if he calls to try to get back his cash then thats your call...... all back or 50% or none....
cash talks.....
b
nonrefund deposit/etc...
give him till tuesday...then sell it
if he calls to try to get back his cash then thats your call...... all back or 50% or none....
cash talks.....
b
Burning Brakes
Joined: Sep 2005
Posts: 1,139
Likes: 109
From: B'ham Alabama
The whole idea of a deposit it to gurantee you that the deal will come through as agreed and to gurantee the buyer that they can get the item at the price you had agreed, all within a certain time line.
If you can sell it to someone else immediately, for the SAME agreed price, I would offer "most" of his deposit back, (if he gets back in touch with you in a reasonable time frame). However, if you do not sell it right away, or if you have to settle for less money, then I would keep the deposit.
Also, if you do not sell it right away, and the orignal guy who left the deposit finally comes around and still wants to buy it, I would still allow him to have it and apply his deposit toward the total price.
The law may be different in other states, but in our state, it does NOT have to say Non-Refundable on your paperwork. That is the whole idea of the deposit.
If you can sell it to someone else immediately, for the SAME agreed price, I would offer "most" of his deposit back, (if he gets back in touch with you in a reasonable time frame). However, if you do not sell it right away, or if you have to settle for less money, then I would keep the deposit.
Also, if you do not sell it right away, and the orignal guy who left the deposit finally comes around and still wants to buy it, I would still allow him to have it and apply his deposit toward the total price.
The law may be different in other states, but in our state, it does NOT have to say Non-Refundable on your paperwork. That is the whole idea of the deposit.
Melting Slicks
Joined: Apr 2002
Posts: 3,268
Likes: 2
From: Minnesota in the summer, Las Vegas in the winter
Lots of folks out there cannot get their act together. They go through their whole lives messing up. I run across many who just should not be running their own lives or anyone elses. You see them every day in the news.
This looks like one of those people.
This looks like one of those people.
Instructor
Joined: Oct 2006
Posts: 200
Likes: 22
From: Old Greenwich CT
I think that legally if you sell it for less or incur any costs in holding the product, you can deduct that portion from the deposit and return the rest. Most states require that you make an attempt to mitigate damages first. If you sell it for the same price or more, I would return the entire deposit. But hey, that's me.
Drifting
Joined: May 2007
Posts: 1,491
Likes: 2
From: North Royaton Ohio
You seem to be stuck right in the middle of a moral dilemma here. It really depends how much of a d*#k you want to be. You've made attempts to contact the buyer, and he hasn't replied. If you really wanted to, you could keep the money and find a new buyer, and the old one would be S.O.L.
Personally, I'd try a little bit longer to contact him. He obviously wanted it, otherwise he wouldn't have thrown the money away. I agree that maybe he had some sort of emergency. Maybe he got in an accident and is in the hospital or something. I'd give it till tuesday night, and then see what happens. Karma's a bit$#. Don't mess with it.
Personally, I'd try a little bit longer to contact him. He obviously wanted it, otherwise he wouldn't have thrown the money away. I agree that maybe he had some sort of emergency. Maybe he got in an accident and is in the hospital or something. I'd give it till tuesday night, and then see what happens. Karma's a bit$#. Don't mess with it.
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Melting Slicks
Joined: Feb 2003
Posts: 3,053
Likes: 4
St. Jude Donor '03,'11
Those guys in OT are kissing your ***. What if the shoe was on the other foot and they had a deposit down? Just because you can do a thing doesn't mean you should. Be ethical and reasonable and give they guy a little more chance.
Race Director
Joined: May 2006
Posts: 16,528
Likes: 53
From: Dayton, Ohio
yea, you asked for opinions, remember that.
Those guys in OT are kissing your ***. What if the shoe was on the other foot and they had a deposit down? Just because you can do a thing doesn't mean you should. Be ethical and reasonable and give they guy a little more chance.
Those guys in OT are kissing your ***. What if the shoe was on the other foot and they had a deposit down? Just because you can do a thing doesn't mean you should. Be ethical and reasonable and give they guy a little more chance.
Safety Car
Joined: Oct 2004
Posts: 4,809
Likes: 237
From: Utah
yea, you asked for opinions, remember that.
Those guys in OT are kissing your ***. What if the shoe was on the other foot and they had a deposit down? Just because you can do a thing doesn't mean you should. Be ethical and reasonable and give they guy a little more chance.
Those guys in OT are kissing your ***. What if the shoe was on the other foot and they had a deposit down? Just because you can do a thing doesn't mean you should. Be ethical and reasonable and give they guy a little more chance.
Le Mans Master
Joined: Jun 2005
Posts: 5,447
Likes: 3
From: Syracuse NY
yea, you asked for opinions, remember that.
Those guys in OT are kissing your ***. What if the shoe was on the other foot and they had a deposit down? Just because you can do a thing doesn't mean you should. Be ethical and reasonable and give they guy a little more chance.
Those guys in OT are kissing your ***. What if the shoe was on the other foot and they had a deposit down? Just because you can do a thing doesn't mean you should. Be ethical and reasonable and give they guy a little more chance.
Too
