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Bay Window Steve Samba Member
Joined: July 13, 2006 Posts: 280 Location: Van Alstyne, Texas
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Posted: Wed Oct 24, 2007 9:52 am Post subject: Question about buyer/seller agreement. |
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I didn't post this in the feedback section, because I didn't think it belonged there. I am not leaving feedback, just brainstorming.
Just a quick question for you super geniuses. I have a bit of a problem, so here goes.
I had a bus posted up here for sale several months back. I got contacted by a guy who said hewanted to buy it, and after 30 days of me asking when he was coming to get/pay for it, he agreedto mail a deposit of several hundred dollars to hold it, which he did. I still have it.
Here is my problem. It has been almost two months exactly since he agreed to buy it, and over 30 days since he gave me a deposit, with the understanding he would come the next weekend to get it. He has not. We stay in close phone and email contact, but quite frankly, I am tired of storing this bus. I could have sold it twice over, but can’t for waiting on him. It is in my garage, because that is where it was when he bought it, and as much as I would like to push it out in the elements and have my garage back, he bought the bus in a specific condition, and I would like to keep it that way. I have told him several times that it had to be out by “this weekend” and each time he agrees, but then flakes out on the last minute because something came up.
Here is what I want to do. Mail back his deposit, tell him to forget it, and sell the bus to someone else. Is there a problem with that? If you were the buyer, would you see an issue with it? I think I am well within my rights to refuse to sell to someone, but I don’t like to renege on my word.
Discuss! _________________ '73 Transporter - Driver
'69 Deluxe
Member: WTKHABG
Original Air Cooler Member |
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Thirstytank Samba Gaucho
Joined: August 05, 2005 Posts: 667 Location: Lake Geneva WI
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Posted: Wed Oct 24, 2007 10:08 am Post subject: |
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It sounds like it's time to find another buyer. Your buyer has reneged on his word several times. _________________ Ryan
1985 Vanagon Westfalia
https://www.facebook.com/VanagonMorrison |
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OG Velvet Samba Family Man
Joined: February 24, 2003 Posts: 2168 Location: Portland, OR
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Posted: Wed Oct 24, 2007 10:26 am Post subject: |
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You should give the guy one more week. Just be upfront and say if it is not gone after next weekend, you will refund the deposit and sell the bus to the next guy. _________________ '67 13 Window
'77 Westy
'69 Sunroof Beetle
'65 Honda Dream |
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howiesfamily Samba Member
Joined: March 31, 2004 Posts: 858 Location: Panther City, Texas
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Posted: Wed Oct 24, 2007 10:30 am Post subject: |
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Refund his $ and sell it to Kirk. He needs another bus to add to his collection anyway. _________________ member of: Fort Worth Aircoolers Gang |
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toydude111 Samba Member
Joined: September 23, 2002 Posts: 841 Location: So.Cal.
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Posted: Wed Oct 24, 2007 10:45 am Post subject: |
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I think that you all ready know the answer. The deal is off. You are within your rights to keep his deposit since he has not lived up to his end of the bargain. It would be very "kind hearted" of you to refund his deposit. He should have no problem with that. _________________ Do you want fries with that? |
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buggyblues Samba Member
Joined: August 21, 2005 Posts: 392 Location: charleston, SC
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Posted: Wed Oct 24, 2007 10:56 am Post subject: |
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Quote: |
I think that you all ready know the answer. The deal is off. You are within your rights to keep his deposit since he has not lived up to his end of the bargain. It would be very "kind hearted" of you to refund his deposit. He should have no problem with that. |
I agree when you accept a deposit and set a time if that is not met he losses the deposit and you sell it and keep the deposit for your wasted time and storage. It would be very kind hearted of you to refund his deposit. _________________ www.sticklestowingpittsburgh.webs.com
towing east coast |
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lowmitsu Samba Member
Joined: April 08, 2004 Posts: 1102 Location: Summerville,SC
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Posted: Wed Oct 24, 2007 11:02 am Post subject: |
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The deposit is yours you could have sold the vehicle in the time frame you have given him...That is what a deposit to hold is for,so sorry for his luck... |
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Air-Cooled Head Samba Member
Joined: October 15, 2002 Posts: 4070 Location: Chicago Suburbs
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Posted: Wed Oct 24, 2007 11:08 am Post subject: |
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OG Velvet wrote: |
You should give the guy one more week. Just be upfront and say if it is not gone after next weekend, you will refund the deposit and sell the bus to the next guy. |
I agree, but I'd say if it's not gone after next weekend, I KEEP the deposit. This way, he knows he's gonna loose the bus AND his money unless he makes a move.
I think you've been more than fair already. _________________ Everything known to man has been written.
Readers are Leaders! |
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notchback Insensitive Jerk
Joined: December 16, 2003 Posts: 7024 Location: Behind the Zion Curtain
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Posted: Wed Oct 24, 2007 11:19 am Post subject: |
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When you make a deal, ALWAYS spell out all the details: When they pick up, what happens if they don't, when they have to pay, etc. It will save a lot of headaches in the future. _________________
zeen wrote: |
Arguing with johnnypan is like mud-wrestling a pig. After a while you realize he just enjoys playing in the mud, winning the contest is not the point. |
FU#3 |
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Bay Window Steve Samba Member
Joined: July 13, 2006 Posts: 280 Location: Van Alstyne, Texas
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Posted: Wed Oct 24, 2007 11:19 am Post subject: |
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howiesfamily wrote: |
Refund his $ and sell it to Kirk. He needs another bus to add to his collection anyway. |
True, although his herd is pretty thin these days with the wedding and all. However, there is this one......
Okay, thanks for the comments guys. I just thought returning the deposit would help there be no hard feelings, and make a clean break. As much as I would like the extra change from him, I was shooting for a clear concious.
So my plan is now to call him, give him this weekend to get the bus, or I'm keeping the bus and half his $$.
notchback wrote: |
When you make a deal, ALWAYS spell out all the details: When they pick up, what happens if they don't, when they have to pay, etc. It will save a lot of headaches in the future. |
We were clear of when he was going to pick it up. He just keeps flaking. I guess I meant to say it was all clear except the "what happens if they dont" part. _________________ '73 Transporter - Driver
'69 Deluxe
Member: WTKHABG
Original Air Cooler Member |
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Blaubus Samba Member
Joined: October 25, 2003 Posts: 5153
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Posted: Wed Oct 24, 2007 12:06 pm Post subject: |
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be nice and give him warning that he is breaking the deal? sure. but if the deal breaks, keep part of the deposit to offset the cost of storing HIS CAR in your garage.
actually if it were me, i would charge him storage even if he follows thru. if he refuses to pay the extra, then let him know that you will have your storage fee one way or another, even if it comes out of the deposit that you return most of...
after all, it is not out of the question to consider that he had the money the whole time, but took advantage of your willingness to store it for him.
. |
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drscope Samba Member
Joined: February 19, 2007 Posts: 15273 Location: Baltimore, Maryland USA
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Posted: Wed Oct 24, 2007 5:26 pm Post subject: |
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The deposit was for to hold the vehicle until he could come up with the rest of the money and finalize the transaction in a timely manner.
He has not done that, so you are entitled to keep his deposit. This is your payment for your hassle of dealing with a non-paying, open ended buyer.
Put the vehicle back up for sale. If you have to, roll it out and put a sign in the window. Post it on the Samba or E-Bay.
Keep the deposit and the first one to show up with the money, takes the car. If he gets there first, great. If not, his loss.
Money talks, B.S. walks. _________________ Mother Nature is a Mean Evil Bitch! |
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codeMechanic Samba Member
Joined: April 13, 2007 Posts: 876 Location: Bellevue , NE
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Posted: Wed Oct 24, 2007 5:34 pm Post subject: |
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I agree with the give him one last weekend
also tell him you will keep the deposit (be firm)
IF he still doesn't show(if it was me) I would return his deposit
but you are within your rights to keep the cash
do what you feel is best, but don't be a sucker. |
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a.wilson Samba Member
Joined: January 11, 2007 Posts: 2033 Location: Georgia
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Posted: Wed Oct 24, 2007 5:57 pm Post subject: |
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Refund the money and wash you're hands of the whole deal now. Its probably best just to refund it, as opposed to having a negative feedback about you started by the lazy buyer in the "Buyer/Seller' forum whining that you did not return the money...or some such nonsense! ...(all assuming this person is a punkass, who enjoys starting crap with sellers in the forum!).
Might as well just refund and go about your business, just to avoid troubles with this person at all cost!. _________________ Be kind to all critters. America's "H8TERZ" can drink sludgy used Motor Oil!
oemwolf |
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Behemoth Samba Member
Joined: September 02, 2003 Posts: 389 Location: Lenoir NC
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Posted: Thu Oct 25, 2007 3:26 am Post subject: |
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Return the deposit and sell the bus to whoever you'd like. A deposit is an agreement by the seller, not the buyer, and I see no right of keeping it. You said yourself, he agreedto mail a deposit of several hundred dollars to hold it, the deposit was to hold it and if you want to sell it to another then I think you're obligated to return it per the agreement you made.
Nutty buyer story:
I put an ad on several sites to sell a 914 and sold it to a guy in Ohio. He said he couldn't come get it right away and I even offered to meet him half way. He mailed me $500 for it and since I bought it off my neighbor and she said it didn't have to be moved I was cool with it. 6 months later I again contacted him asking about picking it up and got the same story, I again offered to meet him half way. No big deal the neighbor was OK. I contacted him 6 months later, a year total, and said I had to move and really didn't want to leave it in the neighbors yard but she was OK with it if he could come get it and he said he'd try and work it out.
My ex neighbor contacts me 6 months later, a year and a half since selling it, and says the city is cracking down on vehicles in driveways without tags and that it either had to be tagged or towed elsewhere. I had moved twice and lost the buyers data so I put it up for free on a Volksrod site to anyone that would come get it out of here driveway. Within a couple of days a guy 45 miles away made plans for it and rented a UHaul trailer and came and got it. Two days later the original buyer, a member of the site also, starts crying about it being his car. I explained that after a year and half he had had plenty of time to get it and that it had to go but I had no place for it. The guy I gave it to offered to give it to him in exchange for the trailer rental but he wouldn't even take that deal. _________________ 63SunNotch...."Don't qoute me on it but I am pretty good when it comes to tits.
Been sucking on them since I was a baby. "
vdubmax..."I thought we were friends. I will be by to drop off your recently fucked up parts next weekend fool" |
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wuzmop Samba Member
Joined: July 24, 2002 Posts: 339 Location: Garland, TX
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Posted: Thu Oct 25, 2007 11:51 am Post subject: |
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Maybe Kirks wife won't let him have yet another bus. If it were anybody else, give back his deposit. Since it's Kirk, keep it. _________________ Robb
67 Bus
66 Bug o' Turd
71 Bus
91 Cabby
www.aircoolers.org |
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