Notices
The Basement Non-Honda/Acura discussion. Content should be tasteful and "primetime" safe.

Problem selling the mercedes...

Thread Tools
 
Old Mar 14, 2007 | 01:56 PM
  #1  
DarkStarr's Avatar
DarkStarr
Thread Starter
Shake n Bake!
 
Joined: Feb 2006
Posts: 11,794
Likes: 1
From: Pittsburgh, PA
Default Problem selling the mercedes...

Okay,

So I had sold my Mercedes to an older guy who wants to hot-rod it. We agree on the price and agree on a small deposit. I type up a receipt stating the deposit is non refundable, and that we will complete the transaction on Saturday (when I get back). He signed, without reading, I signed, and my friend signed as a witness. He has a copy, and I have a copy.

Forward to now.

He has found the previous owner and was talking to him, and I guess the PO told him it was making a weird noise and thought it was the timing chain going bad. In reality, when I bought the car, yes it made a noise, so I had a mechanic buddy check it over real good, and he said the crankcase was bone dry. We added oil and the ticking went away. Ive driven it a thousand miles since with no problems at all.

Now the buyer is backing out because he says I withheld information from him (and also said it wasnt right for me to buy low, sell high). He was also mad that I did not tell him about a bunch of manuals that I was gonna toss in when I delivered it to him.

Now he wants to take me to the magistrate to get his deposit back. I am not worried, because he signed a receipt specifically saying it was non refundable, and I have a witness that signed as well. But... could I force him into buying it? It does say "we will complete the transaction on saturday the 17th of 2007". Not sure if I can do anything with that statement there..

Thoughts? I appreciate it. I am in Texas and this is the last thing I wanted to deal with.
Reply
Old Mar 14, 2007 | 01:58 PM
  #2  
AcuraFanatic's Avatar
AcuraFanatic
Senior Member
 
Joined: Mar 2000
Posts: 37,274
Likes: 0
From: Southern NH
Default

Probably shouldn't have purchased the boat :reechy:
Reply
Old Mar 14, 2007 | 02:01 PM
  #3  
DarkStarr's Avatar
DarkStarr
Thread Starter
Shake n Bake!
 
Joined: Feb 2006
Posts: 11,794
Likes: 1
From: Pittsburgh, PA
Default

Originally Posted by AcuraFanatic
Probably shouldn't have purchased the boat :reechy:
I have no regrets purchasing it.. what is there to chuckle about?
Reply
Old Mar 14, 2007 | 02:02 PM
  #4  
AcuraFanatic's Avatar
AcuraFanatic
Senior Member
 
Joined: Mar 2000
Posts: 37,274
Likes: 0
From: Southern NH
Default

Originally Posted by theunforgivenii
I have no regrets purchasing it.. what is there to chuckle about?
Your small penis.
Reply
Old Mar 14, 2007 | 02:05 PM
  #5  
DakarM's Avatar
DakarM
 
Joined: Oct 2000
Posts: 44,908
Likes: 0
From: Location Location
Default

Force him to buy it? I doubt it. Keep the deposit? possibly.
__________________
'00 Dakar Bus CRS Edition
LCD Squad #0001
Originally Posted by WiLL
...I really wanna get out and shoot people.
Reply
Old Mar 14, 2007 | 02:09 PM
  #6  
FDragger's Avatar
FDragger
the F is a secret :shhh:
 
Joined: Jun 2002
Posts: 4,158
Likes: 0
From: Mt. Kilimanjaro
Default

keep the deposit. he can't do anything

you cant force anyone to buy anything
Reply
Old Mar 14, 2007 | 02:10 PM
  #7  
shirley's Avatar
shirley
CBOTY 2010
 
Joined: Nov 2004
Posts: 34,786
Likes: 0
From: MI
Default

odds are if you guys go to court you win.

if you have signed documents, even hand written, that state deposit is non-refundable then there is not much he can do. he can try but as you said you have a witness to the deal.

as for forcing him to buy, thats not going to happen...this isnt that legally binding of a contract.
Reply
Old Mar 14, 2007 | 02:10 PM
  #8  
DarkStarr's Avatar
DarkStarr
Thread Starter
Shake n Bake!
 
Joined: Feb 2006
Posts: 11,794
Likes: 1
From: Pittsburgh, PA
Default

Yeah, I am keeping it, was just curious about forcing him to buy it. If he does take me to the magistrate Ill see what my options are, but if he doesnt fight it then neither will I.
Reply
Old Mar 14, 2007 | 02:15 PM
  #9  
silvic00's Avatar
silvic00
Senior Member
 
Joined: Jan 2005
Posts: 871
Likes: 0
Default

not familiar with texas laws or in pa

but sounds like your legit and should win the case if he takes it there or he might be bluffing and just seeing if you fold, if anything just do alittle search and see what you can come up with

Last edited by silvic00; Mar 14, 2007 at 02:18 PM.
Reply
Old Mar 14, 2007 | 02:17 PM
  #10  
F22B Prelude's Avatar
F22B Prelude
Rachel Bilson
 
Joined: Oct 2005
Posts: 11,230
Likes: 0
From: South Bend/Walkerton, Ind
Default

Originally Posted by silvic00
not familiar with texas laws

but sounds like your legit and should win the case if he takes it there or he might be bluffing and just seeing if you fold
He's in Pennsylvania

and usually all used car sales are assumed "As is" unless noted ;o

Ask Jaymar, he knows all the legal stuffs
Reply



All times are GMT -8. The time now is 07:21 AM.