HELP? SALE GONE BAD!
Drifting
Joined: Feb 2002
Posts: 1,987
Likes: 3
From: Manchester, Dead Center in the Middle of TN 25 miles to Jack Daniels,10 miles to Geo Dickle, and .8 mile from the Liquor Store at I-24 Exit 114
St. Jude Donor '05
Re: HELP? SALE GONE BAD! (pws69)
Don't worry Mike, you have done nothing wrong.
The "agent" that represented the buyer looked at the car and accepted it.
The Purchaser had every opportunity to come and look for himself.
Deception? What did you do to deceive him?
Theft? of what?
Many times "con artist dealers" buy cars and then pull this scam. If you send money then it just lowers the price of their investment and raises the profit margin.
BTW you owe me a partial refund on those seat covers that you sold me. They weren't installed and foam was missing, lol.
Mike, don't worry, When the Civil Warrant is served to go to court, then contact a lawyer. I don't expect you will ever see one though. If you do take your case to court, present it honestly. A warrent will have to be issued in your County and heard in your County Court System. He will have to come to your locality to pursue this. I'd postpone it a couple of times the mourning of the hearing if he did come to payback the stress he has already put on you. After a couple of trips he will get the message.
BTW, Harassing phone calls are illegal as well. Inform him of that the next time he calls. Jim
[Modified by PROSOUTH, 9:07 AM 2/16/2004]
The "agent" that represented the buyer looked at the car and accepted it.
The Purchaser had every opportunity to come and look for himself.
Deception? What did you do to deceive him?
Theft? of what?
Many times "con artist dealers" buy cars and then pull this scam. If you send money then it just lowers the price of their investment and raises the profit margin.
BTW you owe me a partial refund on those seat covers that you sold me. They weren't installed and foam was missing, lol.
Mike, don't worry, When the Civil Warrant is served to go to court, then contact a lawyer. I don't expect you will ever see one though. If you do take your case to court, present it honestly. A warrent will have to be issued in your County and heard in your County Court System. He will have to come to your locality to pursue this. I'd postpone it a couple of times the mourning of the hearing if he did come to payback the stress he has already put on you. After a couple of trips he will get the message.
BTW, Harassing phone calls are illegal as well. Inform him of that the next time he calls. Jim
[Modified by PROSOUTH, 9:07 AM 2/16/2004]
Instructor
Joined: Mar 2002
Posts: 144
Likes: 14
From: Central FL
Re: HELP? SALE GONE BAD! (TISQUICK)
Hopefully, you wrote "As is" on the bill of sale. If you did, you have nothing to worry about. The guy can still sue you, however, if he loses you can recover all costs involved from him. It sounds like the guy never saw the car until it was delivered to him. That's his tough luck for not personally checking the car out before he paid for it. I would take a tough stance with him and tell him a deal is a deal. :chevy
Melting Slicks
Joined: Sep 2002
Posts: 2,783
Likes: 2
From: Engineers do it better.
Re: HELP? SALE GONE BAD! (pws69)
:iagree:
Tell him you are going to sue him for harrasment. Ignore him completely. Do not respond to any emails, letters, calls etc.
He has NO case what-so-ever. He is a scammer trying to get some money back, that's all.
Tell him you are going to sue him for harrasment. Ignore him completely. Do not respond to any emails, letters, calls etc.
He has NO case what-so-ever. He is a scammer trying to get some money back, that's all.
Administrator
Joined: Aug 1999
Posts: 67,458
Likes: 1,974
From: Chattanooga, TN
CI 2-3-4-5-6-7-8-9-10-11-12
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St. Jude Donor '03 thru '26
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Re: HELP? SALE GONE BAD! (TISQUICK)
I'd politely tell him the deal is done, but consult with your lawyer as he might have advice for you on the specific wording. Good luck. :cheers:
Racer
Joined: Nov 2002
Posts: 275
Likes: 0
From: Valdosta GA
Re: HELP? SALE GONE BAD! (savewave)
Mike,
You have plenty of advise from above. My take is this: If he was upset and having to pay all this money to get it to "presentable" appearance, why would he want you to send $1500? Why not just return the car? He wants the car and he wants it for cheaper than you agreed upon. He's scamming you. PLEASE LET US KNOW WHAT YOU DECIDE AND WHAT HAPPENS. I think we ALL hate rip-off artists and want to see him get what he deserves. :flag
You have plenty of advise from above. My take is this: If he was upset and having to pay all this money to get it to "presentable" appearance, why would he want you to send $1500? Why not just return the car? He wants the car and he wants it for cheaper than you agreed upon. He's scamming you. PLEASE LET US KNOW WHAT YOU DECIDE AND WHAT HAPPENS. I think we ALL hate rip-off artists and want to see him get what he deserves. :flag
Melting Slicks
Joined: Apr 2002
Posts: 2,103
Likes: 0
From: Tucson AZ
Re: HELP? SALE GONE BAD! (savewave)
Cancel the "cashier's check"? How? They are certiufied funds. That comment alone tells me it is most likely a scam.
As for being sued, the new owner left the check, his agent inspected and accepted the car, and the car was retitlted. Deal is done.
Even if he sues, seems like he cannot win. I might call an attorney just to be comfortable, but I would not worry.
As for being sued, the new owner left the check, his agent inspected and accepted the car, and the car was retitlted. Deal is done.
Even if he sues, seems like he cannot win. I might call an attorney just to be comfortable, but I would not worry.
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Burning Brakes
Joined: Oct 2002
Posts: 1,228
Likes: 6
From: lancaster ma
Re: HELP? SALE GONE BAD! (TISQUICK)
The stuff he is finding is picky which he has no recourse on. The only problems he would get reimbursed with here in MA are if it fails the state inspection.
He cannot cancel a bank cashiers check so do not fall for that. Cash it and put it in the bank.
He cannot cancel a bank cashiers check so do not fall for that. Cash it and put it in the bank.
Le Mans Master
Joined: Oct 2003
Posts: 6,130
Likes: 2
From: seattle WA
Re: HELP? SALE GONE BAD! (adamdinat)
Just cash the check-if you haven't already :rolleyes: and tell him to take a flying you know what.He's just trying to scare you and get some money. He is SOL. ;)
Burning Brakes
Joined: May 2003
Posts: 910
Likes: 20
From: Shorewood IL
Re: HELP? SALE GONE BAD! (Robert N)
I'm not so sure the cashiers check is guaranteed money. I'm not a banker but I thought the issuer could place a stop on the check. My bank requires me to deposit the cashiers check and hold it until it clears.
Melting Slicks
Joined: Oct 2000
Posts: 3,023
Likes: 2
From: TEXASTEXASTEXASTEXAS TEXASTEXASTEXASTEXAS
St. Jude Contributor
Re: HELP? SALE GONE BAD! (baja216)
:iagree: My understanding is that most banks will only stop a cashier's check if it's been lost or stolen. But of course, the putz just might tell his bank that the check was lost and you'd be diddled.
JB
JB
Melting Slicks
Joined: Jul 2003
Posts: 2,194
Likes: 0
From: Tempe AZ
Re: HELP? SALE GONE BAD! (TISQUICK)
Tell him to Pizz off. The deal was "as is", and there was no misrepresentation. When I bought my Vette, I found all kinds of little problems, but hey, I knew it was 25 years old. I didn't harass the prior owner to refund $$ for the cost to repair or restore every issue I found. If I did that, I'd have a full refund, the car, and he would owe me $$ on top. Well, maybe not, but you know what I mean. As a buyer, I knew EXACTLY what was up. I had the car looked at by a Vette mechanic before the purchase, and truth be told, I got a real good deal on my car for $7K. Of course I could drop 20K+ in an attempt to make it "perfect".
This guy is trying to con you. He agreed to the "as is" terms, so it's his own fault for buying the car the way he did without having it gone over first to know what it would take beyond the purchase price to get it where he wants it. Hire a lawyer and go on the offensive to rattle his cage. I'll bet he will shut his con artist trap right quick!
[Modified by Corvette_fetish, 5:01 PM 2/16/2004]
This guy is trying to con you. He agreed to the "as is" terms, so it's his own fault for buying the car the way he did without having it gone over first to know what it would take beyond the purchase price to get it where he wants it. Hire a lawyer and go on the offensive to rattle his cage. I'll bet he will shut his con artist trap right quick!
[Modified by Corvette_fetish, 5:01 PM 2/16/2004]
Instructor
Joined: Oct 2003
Posts: 175
Likes: 0
From: McKinney TX
Re: HELP? SALE GONE BAD! (Corvette_fetish)
I am a banker, and YES, you can stop payment on a cashier's check. But from your post, you cashed the check before you sent him the title, so you're OK. He could file suit in small claims court, but would have to prove that the sale wasn't As-Is and that you went out of your way to deceive him. You're fine. Just ignore him and find a nice Vette that needs a new home to spend your money on. :D
Racer
Joined: Oct 2000
Posts: 265
Likes: 0
From: WAYNE Illinois
Re: HELP? SALE GONE BAD! (TISQUICK)
One cannot place a stop payment on a cashier's check. A bank may refuse payment of its cashier's check under certain circumstances, such as alteration, forged endorsement, or a claim against the payee/presenter. But it should be sure of its position before doing so, because the penalties for wrongfully refusing payment are stiff. Particularly when a holder in due course is involved, the bank that refuses payment of its cashier's check is walking in a minefield.
Another situation in which a bank may refuse payment of a cashier's check is in the special circumstances of a lost, stolen or destroyed check, which are described in detail in UCC §3-312.
Another situation in which a bank may refuse payment of a cashier's check is in the special circumstances of a lost, stolen or destroyed check, which are described in detail in UCC §3-312.
Team Owner
Joined: Aug 2000
Posts: 21,460
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From: Massillon,Ohio USA
2020 C3 of the Year Finalist - Unmodified
Cruise-In VI Veteran
St. Jude Donor '08-'09-'10-'11-'12
Re: HELP? SALE GONE BAD! (LAWTON54)
I'd say the buyer/agent/car hauler MISREPRESENTED the car to this guy-let him be the one to sued!!! There is NO WARRANTY with used cars UNLESS you IMPLIED there was one :yesnod: Ignore this A55HOLE-Tell him to enjoy his new car-it's his NOW!!!