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Car sale question with situation
Posted on 8/5/13 at 12:34 pm
Posted on 8/5/13 at 12:34 pm
Guy A has a 1988 XJ-series Jag he wants to sell (the guy is in my office complex)
Guy B (my brother) was approached by Guy A to help sell his car. Puts it up on Ebay/CL/AutoTrader etc with the information that was given to him by Guy A.
Guy C (buyer) looks over the car and runs into the bank to get $12,500 out and buys the car. {not sure what Bill of Sale was signed, title etc. as I wasn't there)
Guy C now owns the car and comes back to Guy B (my brother) and is saying that my brother misrepresented the car as having 21,000 miles on it when in 1997 the VIN comes back as having 125k miles on it.
Guy C files police report and Houston Police Dept case number against Guy B and Guy A.
My brother did this as a favor to this douche and was only operating under the parameters/info that was given to him.
What should my brother do? Thanks in advance. I told him that he should no longer answer anyone's call but to refer him to the original owner (Guy A).
Guy B (my brother) was approached by Guy A to help sell his car. Puts it up on Ebay/CL/AutoTrader etc with the information that was given to him by Guy A.
Guy C (buyer) looks over the car and runs into the bank to get $12,500 out and buys the car. {not sure what Bill of Sale was signed, title etc. as I wasn't there)
Guy C now owns the car and comes back to Guy B (my brother) and is saying that my brother misrepresented the car as having 21,000 miles on it when in 1997 the VIN comes back as having 125k miles on it.
Guy C files police report and Houston Police Dept case number against Guy B and Guy A.
My brother did this as a favor to this douche and was only operating under the parameters/info that was given to him.
What should my brother do? Thanks in advance. I told him that he should no longer answer anyone's call but to refer him to the original owner (Guy A).
7
Posted on 8/5/13 at 12:38 pm to idlewatcher
quote:
What should my brother do?
Was title signed over from Guy A to Guy B?
Posted on 8/5/13 at 12:42 pm to HeadyMurphey
No sir. My brother was never in possession of the car, but did have simple possession of the title b/c my Dad loaned this douche 6k. The title was never signed by anyone in our family though.
Posted on 8/5/13 at 12:53 pm to idlewatcher
was your brother compensated for advertising?
This is one of those times that it would be well worth it to spend a few bucks and talk to a lawyer
This is one of those times that it would be well worth it to spend a few bucks and talk to a lawyer
Posted on 8/5/13 at 12:55 pm to idlewatcher
quote:
Guy C (buyer) looks over the car and runs into the bank to get $12,500 out and buys the car. {not sure what Bill of Sale was signed, title etc. as I wasn't there)
Guy C now owns the car and comes back to Guy B (my brother) and is saying that my brother misrepresented the car as having 21,000 miles on it when in 1997 the VIN comes back as having 125k miles on it.
How did he not notice the mileage before paying for the car? Did he get the car shipped to him? If I was buying a car sight unseen, I'd at least want a picture of the odometer.
Posted on 8/5/13 at 1:04 pm to Tigerpaw123
quote:
Tigerpaw123
Agreed. Yes, he was compensated I believe 400 bucks for Ebay fees.
quote:
LNCHBOX
quote:
How did he not notice the mileage before paying for the car?
We're thinking Guy A probably rolled the miles back somehow. No, it wasn't sight unseen. We are all in Houston so my brother drove with Guy A to meet Guy C yesterday afternoon. Would it be wise for my brother to talk to HPD?
Posted on 8/5/13 at 5:11 pm to idlewatcher
i'd say your brother is probably partially liable in this case, he acted as a compensated agent for the seller.
Posted on 8/5/13 at 7:35 pm to idlewatcher
Odometer disclosure history?
Posted on 8/6/13 at 12:03 am to idlewatcher
If anyone paid 12 grand for a 25 year old Jaguar XJ it better have a kilo of cocaine in the trunk.
And why didn't he do a simple carfax before buying to show the odometer reading?
What kind of person can't tell the difference between a car driven 21,000 miles and 221,000 miles?
This story doesn't add up. At all.
And why didn't he do a simple carfax before buying to show the odometer reading?
What kind of person can't tell the difference between a car driven 21,000 miles and 221,000 miles?
This story doesn't add up. At all.
This post was edited on 8/6/13 at 12:16 am
Posted on 8/8/13 at 1:32 am to GaryMyMan
quote:
If anyone paid 12 grand for a 25 year old Jaguar XJ it better have a kilo of cocaine in the trunk.
And why didn't he do a simple carfax before buying to show the odometer reading?
What kind of person can't tell the difference between a car driven 21,000 miles and 221,000 miles?
This story doesn't add up. At all.
this and how do u get 1988 confused with 1997? someone doesnt know crap about cars thats for sure. i see greed being a big factor in this stupidness.
Posted on 8/8/13 at 12:57 pm to brbowhunter
quote:nobody did this
this and how do u get 1988 confused with 1997?
Posted on 8/9/13 at 9:01 am to jjbodean1970
quote:Incorrect, his brother was simply reimbursed for the ebay fees. He was not compensated. Your brother was never an agent, nor did he know of any fraud. The guy has absolute zero recourse against your brother.
i'd say your brother is probably partially liable in this case, he acted as a compensated agent for the seller.
Posted on 8/9/13 at 11:18 am to lsupride87
quote:even without compensation he acted as an agent to the sale. he is the seller of record according to ebay. if i were him i would be concerned.
Your brother was never an agent, nor did he know of any fraud. The guy has absolute zero recourse against your brother.
Posted on 8/9/13 at 11:31 am to jjbodean1970
quote:He did not act as an agent to the sale. All he did was place an ad. An agent requires much more. One who agrees and is authorized to act on behalf of another, a principal, to legally bind an individual in particular business transactions with third parties pursuant to an agency relationship. Not trying to sound like an arse, but i have a decent amount of experience with this
even without compensation he acted as an agent to the sale. he is the seller of record according to ebay. if i were him i would be concerned.
Posted on 8/10/13 at 8:50 am to idlewatcher
Not enough info...
Is your brother a dealer or does he have a dealer's license?
Did your brother witness the sale?
Somebody cut the miles and somebody best give the buyer his money back ASAP.
ETA: did A own the car in 1997?
And yes, a 1988 Jag is a POS.
Is your brother a dealer or does he have a dealer's license?
Did your brother witness the sale?
Somebody cut the miles and somebody best give the buyer his money back ASAP.
ETA: did A own the car in 1997?
And yes, a 1988 Jag is a POS.
This post was edited on 8/10/13 at 8:53 am
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