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What Options Do I Have? (Sale Gone Bad)

Discussion in 'General Car Discussions' started by Nachtmensch, Sep 21, 2009.

  1. Nachtmensch

    Nachtmensch New Member

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    (Cliffnotes at the bottom)

    Ok, so I bought a 1990 240sx back in May. I signed the title, but never regestered the car, however. My plan was to make a very cheap and effective drift car for under $2000. I was almost done, when the previous owner, and good friend, wanted to buy it back. So, not really caring if I had the S13 or not, I agreed to sell it back. I parted the parts that I bought, and made my money back. The previous owner and I decided on the price being what I bought it for. $550 for the shell.

    Mid to late June came around. I let him take the car, as I wanted space, and I kept the title. I told me he would pay me by the first or second week in July. Cool, once paid off, he'd get the title.

    That came and went, and I got some excuses on why he couldn't pay. This was alright, afterall, we are good friends. He told me that by August he would pay me for sure.

    August 1st comes, and I manage to get $250 out of him. (provided I had to drive an hour and a half to pick it up. Not a good relations move on his part) Alright, better than nothing I suppose. He's trying. And we're friends, so not a huge deal. However, I am slightly annoyed at this. He tells me that "for sure" the rest would be by September. Alright, that shouldn't be too hard for him to come up with $300 within a month. Cool...

    September comes around, he's telling me that he couldn't work a lot because of the rain we were getting in August. (Construction) By this time, I am annoyed. It's been 2 months, and no full payment. I'm tight on money, but, being friends, I try to grin and bare it. He tells me that the next paycheck he WILL have it without a doubt. He gives me Friday September 18th as the day.

    I call him up after work, since that was the predetermined time. He tells me that he has a family party that day, and that he will meet me in Chicago since he will be in the city on Saturday, and so will I.

    On Saturday, I gave him a ring, straight to voice mail. Called a few more times, assuming that maybe he has bad reception... voice mail again. Aggrevated by now, I leave a voice mail and tell him that he has by Wednesday night, or I will charge him more because I am sick of dragging this out.

    I called him again tonight, to confirm he got the voicemail. It rings 2-3 times, then into voicemail (usually rings longer from what I remember), so I leave a message. I say that I just wanted to make sure he got my last message, and to call me back to discuss things.


    ----
    Cliffnotes:

    - bought S13, never got around to title it (sat in the garage)
    - sold it back to previous owner
    - he took it, I kept title as I wanted space
    - he dicks me around for 2.5 months and I only collect just under half the amount in this time
    - I get no response from him, but tell him I will charge interest on it


    What legal options do I have?
    1. Title it, claim it stolen (insurance fraud? bad idea?)
    2. Tow it away, since it is mine technically, and part it out for the money I'm missing
    3. ??????
     
    #1
  2. Maikeru

    Maikeru New Member

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    So he's screwing you over huh? That sucks. Well, you know how I feel about him and his cousin. I would say tow it home and keep it, but your garage is already kinda full. Maybe one of the other guys will be willing to buy it off you and deal with him the rest of the way? Don't know.
     
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  3. Specter

    Specter New Member

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    thermite

    or spew the deal all over the right forum

    as for legal options? small claims court is your best bet, however most likely you'll end up incurring more legal fees then they payout would be

    need help? lemme know, you got my number, and i got shit loads of free time right now
     
    #3
  4. Nachtmensch

    Nachtmensch New Member

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    I think I decided to just show up and demand my money.
     
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  5. Nachtmensch

    Nachtmensch New Member

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    Plan is to show up when I know he is going to be home, and demand the rest of the money. After all, he told me that he will have the money for sure last Friday. There should be no reason why he doesn't now. If he doesn't have the money, I will take collateral. (his shiny new wheels sound pretty good, as he spent $800 on those)

    I'd hate to tow the car because that takes way more effort than just taking collateral of something that is worth more than he owes. Worst case, I sell the wheels for however much I want, take my $300 and give him the rest. (all will be in a signed contract saying, "If you don't pay by __/__/2009, I have the right to sell the collateral to make up the rest that is owed." All while he gets the title.

    I get my money, he gets the title and possibly loses wheels to pay for the title.
     
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  6. Deibidosan

    Deibidosan Active Member

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    Maybe you should do these contracts from now on to avoid this situation. Tell your friends that you don't mean to be a dick but thats just how it is.
     
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  7. Nachtmensch

    Nachtmensch New Member

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    Well I just got off the phone with him. Evidently he was in the hospital with his son. He is going to paypal me the money straight tonight.
     
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  8. Maikeru

    Maikeru New Member

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    If he doesn't, make sure to get the contract notorized at kinko's or something.
     
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  9. Daniel

    Daniel Active Member

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    Did you get the Paypal payment yet?
     
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  10. Nachtmensch

    Nachtmensch New Member

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    Yup, at 10:30 :) Kevin = happy.
     
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  11. Specter

    Specter New Member

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    well there we go
     
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  12. RSMisfit

    RSMisfit New Member

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    our work here is done
     
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  13. Mikey

    Mikey New Member

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    What a boring end to this story.

    Let's go kick someone's ass! LOL
     
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  14. Nachtmensch

    Nachtmensch New Member

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    haha yeah. I was hoping I could have some fun...
     
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  15. Daniel

    Daniel Active Member

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    Hoping I would see you on People's Court or Judge Judy.
     
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  16. kemmy

    kemmy New Member

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    so you are totally screwed by him.....okies what i think is that you should claim for it....
     
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  17. Specter

    Specter New Member

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    you don't know how to read do you. shame
     
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  18. Nachtmensch

    Nachtmensch New Member

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    You don't know how to use correct punctuation, do you? Shame.











    :p
     
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