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Scott Gates
Goo Roo
SA
TT

Posts: 1246
Reg: 03-2007

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Tuesday, November 11, 2008 - 07:43 pm, by:  Scott Gates (Scotty_001) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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.

Any help would be great.
Cheers.
Mike Bradberry
Goo Roo
Queensland
V8 UnLimited

Posts: 1093
Reg: 07-2005

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Tuesday, November 11, 2008 - 08:00 pm, by:  Mike Bradberry (Halflife) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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.
David Vaughan
Goo Roo
ACT
V8 Ltd manual

Posts: 4002
Reg: 07-2005

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Tuesday, November 11, 2008 - 08:06 pm, by:  David Vaughan (Davidv) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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.

In principle.
David Vaughan
Goo Roo
ACT
V8 Ltd manual

Posts: 4003
Reg: 07-2005

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Tuesday, November 11, 2008 - 08:07 pm, by:  David Vaughan (Davidv) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

After pressing "Submit" I thought to myself "Has he signed it?" then I saw my post and Mike's anticipation of the problem. Oh bugger!
Scott Gates
Goo Roo
SA
TT

Posts: 1247
Reg: 03-2007

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Tuesday, November 11, 2008 - 08:23 pm, by:  Scott Gates (Scotty_001) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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?
Adam Lonergan
DieHard
Victoria
UZZ32 #369 (V8)

Posts: 791
Reg: 08-2005

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Tuesday, November 11, 2008 - 08:46 pm, by:  Adam Lonergan (Alchemistal) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

You might only get the costs of re-advertising out of him.
Chris Lock
TryHard
sa
V8 Limited

Posts: 243
Reg: 03-2008

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Tuesday, November 11, 2008 - 09:11 pm, by:  Chris Lock (Sledge) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

Yeah probably not much you can do, however next time get a non refundable deposit etc all in writing :-)
And signed..
Sean Routledge
TryHard
Victoria
V8 Limited

Posts: 285
Reg: 07-2008

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Tuesday, November 11, 2008 - 09:13 pm, by:  Sean Routledge (Stircrazy) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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.
Scott Gates
Goo Roo
SA
TT

Posts: 1248
Reg: 03-2007

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Tuesday, November 11, 2008 - 09:17 pm, by:  Scott Gates (Scotty_001) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

Yeah i thought about the deposit and am kicking myself now. But he seemed straight up and sounded like a reasonable guy.

But yeah always dodgy people out there. Not going to trust anyone from now on.

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