View Full Version : Put a deposit down on a new car, but.....
Calamity Josh
02-08-12, 06:46 PM
After the usual trawl through ebay, I found a yellow opel kadett hatch, emailed the bloke and offered him £750 he said no, and then 2 days later emailed saying I could have it for £800, I said yes, but that I was away till next week so wouldn't be able to collect till next week, so would he take a deposit and pull off ebay? After a £100 deposit was payed and agreed I arranged to collect on either the wednesday or thursday of the coming week...... But...... (Big one) I got a text today saying that the car had been stolen and found burnt out, and he would refund the deposit. Is there any way of finding outif this is the truth? :/ as I really wanted the car, and something seems fishy as the £800 was quite a bargain in my eyes and it makes me wonder if he's had a larger offer and taken it, giving me that story just to cover his back? Anyways a rather sh.t day in all
ALS-C20LET
02-08-12, 06:55 PM
Nevermind some things are just not meant to be mate... I hope if he has sold it to somebody else that they **** about.
scott.parker
02-08-12, 06:58 PM
Dude if hes got a better offer and he gives you your deposit back thats upto him, not allot you can do really, just the ways of life etc..
IF i see a car i want i buy it, no messing, this is why.
Yea i rekon hes had a better offer tbh, too much of a coicedence BUT you never know :)
And as scott says, deposits on cars doesnt always garentee you the item, if someone offered me more cash infront of my eyes then i would happily take that and get it gone.
Southie
02-08-12, 08:10 PM
Go get this instead: TOUCHME (http://www.swapz.co.uk/swapz/2941501/)
paul080803
02-08-12, 08:12 PM
http://retrorides.proboards.com/index.cgi?board=FSW&action=display&thread=133741
This the one?
Unfortunately you can't trust anyone these days to do the decent thing, even a member on here as I recently found out!!!
Think yourself lucky he gave you the deposit back lol
Southie
02-08-12, 08:13 PM
Unfortunately you can't trust anyone these days to do the decent thing, even a member on here as I recently found out!!!
/\ what's that about then Paul?
paul080803
02-08-12, 08:20 PM
Went to look at a car, 200 mile round trip away the day it was advertised. Made an offer the next morning and offered a deposit with a cash collection the following weekend, seller said would think about it and let me know. Didn't hear from him again and he sold the car.
Thing that really pee'd me off was I still have had no contact or response from the seller even though I have PM'd him and it just isn't the way anybody should do business.
I went in good faith, cost me £50 and just no contact since. Offer was extremely close to asking price too.
Southie
02-08-12, 08:24 PM
Well there is a feedback section on here if you've felt that you've had negative feelings regarding a sale, might be best to post one incase someone else is maybe in a similar situation with the seller ;)
paul080803
02-08-12, 08:27 PM
Not really a sale as such though. It surprised me that he would do it!
Maybe he will get back to me about my offer one day lollollol
Southie
02-08-12, 08:32 PM
Well it wasn't me... so I'm in the clear lol
Think yourself lucky he gave you the deposit back lol
First things I thought of.
Went to look at a car, 200 mile round trip away the day it was advertised. Made an offer the next morning and offered a deposit with a cash collection the following weekend, seller said would think about it and let me know. Didn't hear from him again and he sold the car.
Thing that really pee'd me off was I still have had no contact or response from the seller even though I have PM'd him and it just isn't the way anybody should do business.
I went in good faith, cost me £50 and just no contact since. Offer was extremely close to asking price too.
Welcome to the world of buying/sellings cars on the nerdanet.
Southie
02-08-12, 08:52 PM
Welcome to the world of buying/sellings cars on the nerdanet.Make him a carbon ring piece so he's not shafted so hard in the future then lol
brainsnova
02-08-12, 08:58 PM
It's funny the amount of Ono sales that don't accept offers lol
mk1nova_rich
02-08-12, 09:06 PM
As long as he returned the deposit then its all fair...for example if he was offered 1500 by the other buyer then he wouldnt think twice about who to sell to lol I'm sure you would do the same, I know I would :)
steviegsi
02-08-12, 09:20 PM
Went to look at a car, 200 mile round trip away the day it was advertised. Made an offer the next morning and offered a deposit with a cash collection the following weekend, seller said would think about it and let me know. Didn't hear from him again and he sold the car.
Thing that really pee'd me off was I still have had no contact or response from the seller even though I have PM'd him and it just isn't the way anybody should do business.
I went in good faith, cost me £50 and just no contact since. Offer was extremely close to asking price too.
Tbh I fail to see what the seller did wrong. You drove up, looked at it, went home to think about it, phoned the next morning with an offer for him to consider, and he sold it? As he never actually accepted the offer, what's the problem? I consider a car sold when someone comes to pay and takes it away. Until that happens, the car is mine to do what I want with.
mk1nova_rich
02-08-12, 09:29 PM
I agree with steviegsi TBH, although it would have been polite for the seller just to say he had sold the car to a better offer.
Unfortunately it sometimes costs money to go view a car which we end up not buying, thats the way of the world. I usually take enough cash to leave as a deposit and sort the rest out asap before the seller gets a better offer and sells elsewhere
mk1nova_rich
02-08-12, 09:29 PM
double post
paul080803
02-08-12, 09:32 PM
If that is how you do business then that is up to you.
Issue I have is about basic courtesy, respect and decency. This wasn't a trader selling a family car from a forecourt, I could understand that.
I guess good genuine honest people are disappearing in the world.
paul080803
02-08-12, 09:34 PM
Had he have called me I would have matched the better offer, had he have asked for a deposit I would have given one.
Money isn't the issue here , respect is.
I agree, was recently at the point of arranging transport to go and collect a car, then no confirmation from seller till a few days later, he had sold it to someone else. Seems the way now, an agreement doesn't mean much.
Calamity Josh
02-08-12, 10:23 PM
I partly agree with what people say, but why can't people be honest and just say they have had a better offer?? He's wasted my time, I've had to pay paypal fees to transfer the deposit and so far I've seen nothing of my deposit back.....
turbojolt
02-08-12, 10:27 PM
Think yourself lucky he gave you the deposit back lol
thats what i was thinking lol
Calamity Josh
02-08-12, 10:31 PM
thats what i was thinking lol
As in the post above mate :(
turbojolt
02-08-12, 10:32 PM
As in the post above mate :(
missed that :/ sorry
novadave24
02-08-12, 11:08 PM
same what jack said mate least you get your £100 back ive seen this happen a few times to people and they dont see there money agin tho .
paul080803
02-08-12, 11:12 PM
He hasn't got his deposit back!!!
turbojolt
02-08-12, 11:26 PM
He hasn't got his deposit back!!!
yet
paul james
02-08-12, 11:27 PM
Went to look at a car, 200 mile round trip away the day it was advertised. Made an offer the next morning and offered a deposit with a cash collection the following weekend, seller said would think about it and let me know. Didn't hear from him again and he sold the car.
Thing that really pee'd me off was I still have had no contact or response from the seller even though I have PM'd him and it just isn't the way anybody should do business.
I went in good faith, cost me £50 and just no contact since. Offer was extremely close to asking price too.
Why didn't you just buy it in the first place? Seems a waste of money to travel 200 miles, then want to do the same trip another day after deciding you wanted it. Any time I go to look at a car I have the cash to buy it in my pocket, then I can nab a good car before anyone else has the chance to buy it. Perhaps the seller thinks you have messed him around too, wasting his time coming to see the car then not buying it.
novadave24
02-08-12, 11:41 PM
how long you been waiting for your money back then ?
blue_peg_16v
02-08-12, 11:57 PM
Tbf the seller has entered into a verbal contract by accepting your offer and taking the deposit, so legally can't sell to anyone else unless you break the verbal contract by not collecting by the time you have stated.
Southie
03-08-12, 07:13 AM
A verbal contracts not worth the paper it's written on.
SimonTW
03-08-12, 07:20 AM
Wrong actually. A verbal contract can be enforced if it can be proved, which in this case the transfer of deposit can back up the verbal contract.
It's not ideal but just one of those things in life. He's either a **** for backing out or one of literally hundreds of people whos cars mysteriously crash, get stolen or burst into flames after agreeing a sale.
Did you send the payment as a gift or as for purchase of goods?
Calamity Josh
03-08-12, 08:01 AM
I sent it as whichever one I get the charges for?
I mean, at least he's offered you the deposit back.
IMO the whole point of a deposit is to reserve an item until you settle the balance. From the seller's perspective, the item is as good as sold until the buyer fails to square up - obviously any seller with half an ounce of sense would put a time limit or conditions on the deposit prior to receiving it.
From a legal standpoint, the seller is liable as the simple fact is he cannot uphold his end of the agreement (so technically is in breach of contract). No matter if the car was stolen, lost, sold to another buyer, or he just decided not to sell, the point is its him who failed to complete on the deal. You're entitled to your deposit back (which he has promised) but also 'reasonable costs' you may have incurred as well - not really sure if this would cover the cost of going to view the car in the first place as you would have spent that if the sale completed, but something like if you bought insurance for the vehicle and couldn't get a full refund, that kinda thing would be a cost.
That said, its a lot of hassle to chase through so I'd say just let it go, take the deposit and keep looking. You never know, something better may come up!
Josh, is this the cream two door one, seller named Gav?
If so its my mate and he looks a dodgy frecker but is sound, was talking to him on tuesday (iirc) and he said it had sold and that he had it in his lockup so that nothing were to happen to it as he had sold if for £800 and already taken £100 as a deposit, ill be gutted if it has been stolen and burnt out as it was pristine :cry:
Calamity Josh
03-08-12, 09:51 AM
It was listed as beige but it was actually a jam yellow colour? With 85k, one lady owner till "99, and history from "81? In hull, he said he took it in px
Calamity Josh
03-08-12, 09:54 AM
Just to make it clear, I wasn't actually trying to give the seller a bad feedback on a forum, as the car could have genuinly been stolen, and he will probably refund my deposit fine, I was just voicing that I was frustrated, always dreamed of owning a kadett :(
Calamity Josh
03-08-12, 10:06 AM
Mbt 665t?
Southie
03-08-12, 12:16 PM
Wrong actually. A verbal contract can be enforced if it can be proved, which in this case the transfer of deposit can back up the verbal contract.
It's not ideal but just one of those things in life. He's either a **** for backing out or one of literally hundreds of people whos cars mysteriously crash, get stolen or burst into flames after agreeing a sale.
Did you send the payment as a gift or as for purchase of goods?
A verbal contract is nothing, an oral contract is binding ;)
It was listed as beige but it was actually a jam yellow colour? With 85k, one lady owner till "99, and history from "81? In hull, he said he took it in px
Aye thats the one im sure, its been up locally for a while and i was talking to the lad that has it now, the other day!
Ive tried to get hold of him to find out whats happened but no joy as yet, i hope it is just he has had a better offer (as annoying as that is to you) but at least it means it hasnt been killed by the local nobs!
A verbal contract is nothing, an oral contract is binding ;)
That's what I told the bitch but she ran off after I paid her.
Southie
03-08-12, 07:31 PM
That's what I told the bitch but she ran off after I paid her.
Mark I never knew you were into beastiity lol
legaly if he takes a deposit a contract has been made and can only be broken by mutual consent.
if you sue for breach of contract and he is just lying, you would win hands down, no question, trouble is, you would have to take him to small claims court and even then he could refuse to pay and you would THEN need to involve bailifs... thats the law in a nutshell
this is all asuming he is lying, he may of course be telling the truth, arson is a VERY serious crime and coupled with car theft, the police would have to be involved, so ask him for a crime number, if he refuses tell him you intend to sue for breach of contract, unless he either a supplies the car as agreed, or gives you ..say £100 compensation.
He may tell you to**** off but if he does you now know your options.... if nothing else you can have some fun sh**ing him up, about getting sued.
But on the flip side, i know the lad and if Josh goes on about crime numbers and taking him to court, then he will tell him to GTF with his deposit, as dont forget he has lost out on the car, the sale, and the £800 when all's said and done!
turbojolt
03-08-12, 08:49 PM
i believe it to be more of a gentleman's agreement then a verbal contract (which means **** all anyway) but hopefully you get your money back asap mate
he can tell him to GTF all he likes but the legal position remains, once he accepted that deposit he has agreed to sell to josh and if josh doesnt agree to terminate the contract
your pal is as fooked as josh wants him to be...legaly speaking,.....especialy if it can be proven that the car isnt burnt out after all, and he's just lied and concocted a B.S. story
again I stress, that is IF the car isnt actualy stolen and burnt out, he may well be telling the truth
If a deposit has been paid, a verbal contract is not just words, ie he said she said "prove it" teritory,
especialy if its wired via paypal, there is a record of the transaction that is irefutable... your mate needs to see the letters GTF and put them away in a dark quet place.... if hes lying....and again...he may not be at all
Calamity Josh
03-08-12, 10:32 PM
Received the deposit tonight :) I'd never have taken him to court, like I say it was never anything againt the seller, was just voicing my frustration at how such a nice car could have been destroyed :( just hope it still lives as spudley says
So do I, not heard from him yet but he is an honest lad :d
turbojolt
03-08-12, 11:54 PM
Received the deposit tonight :) I'd never have taken him to court, like I say it was never anything againt the seller, was just voicing my frustration at how such a nice car could have been destroyed :( just hope it still lives as spudley says
its a shame, but glad you got yourt money back matey
Calamity Josh
04-08-12, 08:41 AM
Text that my text check number and received this...- I text my text check, cost me £3 but........Opel Kadett City Special 1.2
VIN***7252 Aug78
8 owners
No colour changes
No stolen record
Not scrapped
We have no record of MBT665T being subject to a total loss claim by insurers. And they give you a £5000 garuntee on that
But if it has only just happened, then it wont be on any register yet surely, it takes ages for the MID to be updated when you insure a car, so there might not be any change to whether it shows as insured or not, i wouldve thought he had it on a traders policy anyways so probably wouldnt show up on the MID in fairness, and if he has only bought it to sell, i wouldnt have thought he would claim on it, so therefore it might not get updated as 'written off' or indeed 'scrapped' as he would probably just bin the log book, i know it wont have been in his name as for one he hasnt had it long, and two i wouldnt put it into my name if id only just bought it to sell lol
I still dont know whats happened with it yet, but if i see it about ill give you a nod, imo chalk it up to experience and continue the search for another:thumb:
blue_peg_16v
05-08-12, 08:43 AM
Also if it was just in storage who's to say it was even insured, if it wasn't insured will never show up on there as it won't be recorded
At least it's all sorted.
Next time you go a distance, car buying, take cash for the full amount with you and a mate/dad to drive a car back. Saves any of this.
In theory, no he didn't do anything wrong, because he returned the deposit....but, it is an honourable agreement.
Many years ago I sold a Humber Sceptre to a guy who fell in love with it, because his Dad used to have one. Then some other guy came along and said if I let him have it he would give me a couple of hundred more...but I couldn't do that.
Calamity Josh
05-08-12, 11:44 AM
I know it wasn't insured, he told me that, although the text check number is police records aswell, and I doubt a car being stolen and burnt out wouldn't have been reported? Anyways it's done now, just a shame.
Next time you go a distance, car buying, take cash for the full amount with you and a mate/dad to drive a car back. Saves any of this.
Bit of a pain with doing it legally though if they don't have it insured
paul james
05-08-12, 12:33 PM
Bit of a pain with doing it legally though if they don't have it insured
Why? after you buy the car, ring up your insurer to swap the cover to that car, or get a days cover for driving it home.
krobinson
05-08-12, 12:41 PM
Good cars sell quickly, if you want it, you go view with cash and drive it home. If someone asked me to keep a car for a week, but someone else came mid week with the cash, I'd let it go.
I've sold items in the past, been told "i'll buy that next weekend", I keep it and turn others away, only to find that the original person now doesn't want it. As others have said, it's only sold when the cash is exchanged and its driven away.
Bit of a pain with doing it legally though if they don't have it insured
Nope dead easy.
I did it when I travelled to the south coast to view (and subsequently by my Carlton).
View car, decide if I want it or not. Arrange a deal with seller. Give them cash. Ring insurance company, insure your new car, drive home. Smile!
Good cars sell quickly, if you want it, you go view with cash and drive it home. If someone asked me to keep a car for a week, but someone else came mid week with the cash, I'd let it go.
I've sold items in the past, been told "i'll buy that next weekend", I keep it and turn others away, only to find that the original person now doesn't want it. As others have said, it's only sold when the cash is exchanged and its driven away.
This is a little different though Keith, cash was exchanged (i.e. the deposit)
krobinson
05-08-12, 01:16 PM
Deposits on private sales mean nothing. If someone gets a higher offer it's gone!
Deposits on private sales mean nothing. If someone gets a higher offer it's gone!
good luck with that thinking Mr robinson
contract law is VERY simple,
either a contract exists, or 1 doesnt ( once you take a deposit and it can be proven that a deposit is paid, a contract exists)
if a contract does exist between people, it can ONLY be broken by mutual consent,
if there is no consent (and no mitigating circumstances) you are in breach of contract, and you WILL lose in court
Those are the Facts! :)
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