Tuesday, November 11, 2008 - 07:43 pm, by: Scott Gates(Scotty_001)
Ok i will keep this short as i can.
I have had my bmw for sale for a little while now. Need to sell it to get a car for work.
Perspective buyer rings me up and asks about the car, as his daughter had a similar model which was just written off.
Anyway i had the guy look at it on the 18th of october, for his daughter, he was interested in buying and we negotiated the price from $4400 down to $3500. However he said that he gets paid monthly and would have to wait until the end of the month before buying the car from me, so asked if i could hold the car until this time.
I agreed to this being the nice and honest guy i am.
He wrote this note for me "RE car bmw Pay $3500- I .... ...... of .... .... Rd will take at end of the month oct 28th - 31st."
Ok so the time comes up to the end of the month and heard nothing. I leave a message on his phone, and he replies with basically saying, that their insurance cheque still hasn't came through yet (never mentioned at time of viewing)and have only offered them $2800, and saying either take it at this price or re sell the car. Didn't say anything about what happened to their pay cheque.
Now i don't know to much about any legal stuff, but wouldn't that note i have be a written contract?
Even though it is not signed, it has his name, phone number, drivers licence number, and postal address.
Basically i want some advice on what i can do. I think it is a joke saying, i will take the car for x amount and when payment is due saying oh actually lets make it x amount less or no deal.
Tuesday, November 11, 2008 - 08:00 pm, by: Mike Bradberry(Halflife)
Sorry Scott, but I don't think you have a leg to stand on. Firstly, he hasn't signed it, secondly it's not a legal document and lastly, he knows you are not going to pursue the matter in any case as it would cost you more than the car is worth to do so. I think you should just let it go and seek another buyer at the price you want.
Tuesday, November 11, 2008 - 08:06 pm, by: David Vaughan(Davidv)
I reckon you have a wonderful case, in principle. The next question is your mechanism. Try small claims court if $3500 is within its limit in SA.
Otherwise, get legal advice (free or otherwise depending on your income) or, if you want to fly solo without a licence, then try writing a letter of demand for satisfaction of the contract within seven days, then take it to a real court.
Unlike Cameron's situation, I think you are in pretty good shape.
Tuesday, November 11, 2008 - 08:23 pm, by: Scott Gates(Scotty_001)
Yeah as i mentioned i don't know about any legal stuff.
But i may still follow up on this in small claims court as the limit is $6000.
It is more about the principle of the matter. Taking back his word after writing the letter, and screwing me over. Unsigned i know but why would that make such a difference?
Tuesday, November 11, 2008 - 09:13 pm, by: Sean Routledge(Stircrazy)
Did you get him to leave a deposit? If so, that's yours for the keeping if he doesn't take it at the agreed price and should cover you for your troubles...What a dodgy prick though.