Seth Thank you!! (Things may be looking up.....)

[southwind25]

We really appreciate your help!

:hurray:

If your ever around Akron, we owed you big time!

 

[slngsht]

what was the outcome?

[Boxologist]

1/4 turn counter clockwise?

[southwind25]

Oh...this is incredible!!

:mad:

After agreeing to buy the car nearly 2 months ago now..and it being FULLY paid for, for almost a month..

After being instrumental in getting the car running to a condition of which it was being sold to me in the first place..((finding a mechanic willing to do a house call!!, thanks Seth!)).

NOW.....

The Owner is Reneging on the whole deal and wanting MORE money for the car now that it's in the running condition it was claimed to be as it was bought for!!

 

:cuss: :cuss:

he wants more time now to try and figure out what the real market value of the car is now that it's what was claimed in the first place 2 months ago!..:nopity:

.after already making a done deal!

:bs:

I even have an invoice from the broker!

i cant find a little smiley icon to express how i really feel at this moment! but i am MIFFED!

 

I dont want to just get my money back and tell them all to put the car where the sun doesnt shine...because i have been assured the car is eveything i want and indeed a worthy steed!

So if i give up at this point someone else is going to end up with a sweet ride that i have worked 2 months of BS to make happen. I am trying to be patient, and not trying to sound like a whinner...but DAMN!

I dont know what deal the broker and owner have as a agreement but i am right now screwed because of the BS between them.

If i start wanting to seek legal council or action, that will probably only aggravate a bad situation at this point.

sadly..like ANY transaction, you have to somehow pay for the item before you recieve it..wether a loan or whatever.. I did that and then some!

Ok... i have had to arrainge for the shipping and i am going to need to get the car titled and liscenesed .

ok i will deal with all that but i have done more footwork than i would have imagined...working through a broker.

:ack:

AND..in the meantime back at the ranch, i have let go the opportunities to buy another nice 7 to honor the deal i have made..

what happened to honor?? :flag:

 

what a way to start the new year..i was hoping to be polishing the aluminum new years day!

:nonod:

 

if this falls apart...and it all falls through..it will NOT speak well for the owner or broker at all! :smash:

[Mandurath]

I think at this point, a lawyer agency with multi-state offices would be prudent. In the future if you cannot go it, maybe an escrow service?

 

Ebay recommends one, www.escrow.com , but I would research something like this on your own.

 

this one kinda works

 

http://smilies.vidahost.com/otn/angry/zx11pissed.gif

[Kitcat]

A deal is a deal. If you have an agreed-on price and you have paid that price it's over-he owes you a car. If there were weasel clauses that give the seller, or you, the right to back out, then you may be screwed. My hunch is that there have been tons of e-mails back and forth and they may or may not establish there was a deal.

 

I had a somewhat similar situation on the car I almost bought just prior to the one I ended up with: The seller gave a fixed price, OBO. I offered what he asked & thought a deal was consummated. Then another bidder got involved and the price started escalating (It never occurred to me that OBO-or-best-offer) meant the price could go up.

 

So I offered more than the other person's bid,. Then new conditions were added. I had to agree to transport the car home from Florida via trailer, I had to do it all by a certain date, I had to agree to haul a bunch of spare parts that I didn't need with me, etc., etc. It just kept getting worse and I felt like I was being ripped off. So I bowed out after the agreed-upon price again increased.

 

I have to say I am very happy with the car I ended up with (a week later). The seller was very accomodating, no hassles, no games.

 

As far as I can tell, the seller has interpreted your willingness to accommodate his idiosyncrasies as a sign of weakness. If you have a deal, and it is a good one for you, then its time to lawyer up. You need a Texas lawyer, who lives where the seller does. Call the local bar association for a referral. It should only take a friendly letter to wise the seller up.

 

As an attorney, when I evaluate what cases to take, I always look for something where the facts are compelling. Your facts make me want strangle the seller. That can only help if it goes to court.

 

The alternative is to take your money and walk away. There is a nice Birkin listed on elisetalk.com and I think the Vauxhall-engined Caterham listed in the for-sale section on this very site is a good deal.

[slngsht]

Damn man. That sucks

 

I agree with everything Kitcat says above. If you think the deal you have is really good, and there are no clauses in your contract to let the seller walk away, proceed with the legal... it's a 2 edged sword. If you show you're willing to make the cost high enough for him, he may reconsider.

 

What are the requirements regarding where you file your claim?

[Kitcat]

Where to file is interesting legal issue. Mite be possible to file in Ohio but safest (tho less convenient) to file in Texas. Hopefully a "friendly" letter explaining the facts of life and signed by an attorney would do the trick.

 

I would be happy to review the documents or e-mails relative to this and offer my opinion on whether a deal was made, so you can decide whether its worth contacting an attorney. I will be leaving for 5 day vacation and will not be near a computer as much so any opinion I offer may be delayed.

 

Mike

[southwind25]

Mike..

being an honorable guy sucks..but i am going to wait the promised several days before i send a letter to them.

however at that point i will write the fact i will seek legal council if the BS contiues.

if you send me a personal mail here i will send you what i believe to be important mails including the invoice.

 

The biggest stumbling block is there may not be a written contract between the broker and owner-seller and their agreement may have been purely verbal. This is an assumption but i wasnt able to even guess at this till i had the car paid for and the renig happened. hough the broker did not have physical possesion of the car i could only assume they had agreed on a price it was to be sold for. I assumed it was a simple transaction since i was working through who was supposed to be a reputable broker.

perhaps i was an ass...but this broker has been around for a long time!

 

there was a writen statement that if i was not satisfied with the car, after the broker had looked it over upon it's physical reciept to him i could back out. However there was nothing about the owner being able to back out.

 

in the meantime back at the ranch...i will look into the others for sale right now in case the money ends up comming back to me.

[WestTexasS2K]

Man you are more patient than me. I would be on a plane knocking on someones door. I wouldnt hesitate to contact a lawyer in Austin if you have held up to your end of the deal and have already sent them money. Man that get my blood boiling and I dont even know you. Just hate to see a fellow sevener get the run around.

[BusaNostra]

"After agreeing to buy the car nearly 2 months ago now..and it being FULLY paid for, for almost a month..

After being instrumental in getting the car running to a condition of which it was being sold to me in the first place..((finding a mechanic willing to do a house call!!, thanks Seth!)).

NOW.....

The Owner is Reneging on the whole deal and wanting MORE money for the car now that it's in the running condition it was claimed to be as it was bought for!!"

 

Scumbag & despicable person!

If the guy cashed & signed the check, its obious you own the car. *ucking call the local police department and file a report. As Loren said, don't mess with TEXANS !!

 

[S1Steve]

:iagree:

 

I have been reading your posts over the last few weeks and have been saying to myself. This Buyer has been a "Gentlemen "in dealing with this Seller.

I can only hope that you get your money back, and send up the RED flag that this seller is an asshole for the next person that may want his car !!!

 

Please don't let this ruin you enjoyment of getting a 7 !! :mad: :mad:

[Kitcat]

If the deal falls through, the broker is on the hook for the difference between the value of what you agreed to pay and the actual cost to you of a comparable replacement.

 

Example: Texas car is offered at $10K & you agree to that, then Texas owner backs out. You find a similar car (same model, condition etc.) and it costs $15K, which you pay. Broker owes the difference of $5K. It makes no difference if he had actual authority to sell the car on the terms he presented or not-since he represented to you that he had that authority.

 

If he in fact had the authority, he then has a claim against the owner who developed cold feet. But it seems to me your claim is against the broker.

 

Like you, I would rather have a solution than a lawsuit. But these guys are really pushing the limit. If you got the deal of the century, it probably makes sense to think about an attorney. If all you did was save a few thousand dollars, maybe not.

[Kitcat]

P.S. If you decide to tell the Yahoos you are dealing w/to shove off, I notice that wirewheels.com has a '84 Birkin listed for $12.9K ("runs well, needs cosmetics") as well as a Zetec engined Superperformance Seven for $21K.

 

Or, perhaps if the current seller/broker knew you had some immediate options and were about to take your money and go home, they'd find it in their interest to honor their promises?

[BusaNostra]

When you get your money back...bite the bullet, call Brian and buy a new one.....hahahaha, you deserve the 7th day of christmas!

[gjslutz]

My Birkin deal was much more difficult. I called and we agreed on the price, that day we flew up and I paid for the car. My friend then flew the extra set of tires & wheels, and parts back for me. When I got home that night (I drove) the parts were in the hanger & the car was also. My trip was only 400 miles though. It was a pleasant deal from start to finish, I even enjoyed the drive home. Almost all of my deals are like that. It is great when both part smiling over a fair deal.

 

If you get the car, you are welcome to borrow my side curtains & top to drive it home. You could need a drill & male snaps to fit it on the car.

 

I agree if you wrote the check to the broker, that is who you go after first. He will need to then try to recoup his own expense then. I doubt if he was in this for the fun of it.

 

Gary

[Alaskossie]

As an attorney, I agree with Kitcat. if you bought the car for the price it was offered for, and you have paid in full and the seller or his agent has accepted your payment, you own that car. Once the sales amount was accepted (and even cashed??), it would be a highly unusual contract that would give the seller any remaining option but to deliver the goods. Once there has been offer, acceptance, and payment, the deal is closed. Even offer and acceptance are usually enough to conclude an enforceable deal, if there is ability and willingness to pay on the buyer's part.

 

If you want to back out now and get your money back, that's up to you. But you don't have to. You should also be paid the fair value of all the time and effort you spent to get the car running right. Would you have gone through that time, effort and hassle if you had had any idea that it was not your car you were working on?

 

An attorney letter from a Texas attorney ought to do the trick for you.

 

If you do decide to let him back out, I think that Caterham with the Vauxhall engine now being offered looks like a sweet ride. I have a friend in Colorado with the nearly-identical setup (including the right-hand drive), and it goes like a bat out of H___, even at 5000 ft. altitude.

 

Alaskossie

[Ian7]

Up front, I'm not a lawyer, but have been through similar to what you have on an eBay deal gone bad.

 

My advice is if you can get all or 99% of your money back, TAKE IT AND RUN AWAY.

You don't want to drag this out for months (or worse), paying lawyers, and generally getting an unwarranted bad taste for caterham's in your mouth.

 

Better to wait a few months for another nice-enough car to come available, than to be tied to an unhappy lump such as the one in question. :nonod:

[BusaNostra]

"My advice is if you can get all or 99% of your money back, TAKE IT AND RUN AWAY. "

 

THE BEST ADVICE !

 

jUST GET YOUR MONEY AND FORGET THE WHOLE THING.

THERE WILL ALWAYS BE ANOTHER ONE.

fIRST THING FIRST.

[southwind25]

A letter has been sent to the broker.

If i dont have a positive answer by weeks end, i am going to request my money back.

Agreed this situation is not only on the hands of the owner but the broker as well.

 

This wont hurt our desire to own a seven whatsoever, it's not the cars fault.

And we are sure that Not all 7 loving texans would make this situation what it has become.

stay tuned..