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.
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.
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.
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.
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.
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
or in pabut 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.
and usually all used car sales are assumed "As is" unless noted ;o
Ask Jaymar, he knows all the legal stuffs


