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Need legal/financial advice: I sold a car on ebay motors

Posted on 9/30/11 at 12:38 pm
Posted by fasdit
Member since Mar 2011
35 posts
Posted on 9/30/11 at 12:38 pm
What up money talk, I may have an issue with an Ebay buyer playing games with sending me a full payment and need some advice.

I sold a 1968 Oldsmobile Cutlass (project car for a rebuild) for $2825 on 9/23/11. The rules of my auction stated that I required a $1000 deposit within 48 hours and full payment within 7 days.

The buyer paid the deposit. Check.
However, the remaining balance of $1825, as per my rules, is due tonight at 11:59 pm. I reminded the buyer of this today via email
I have already arranged to meet with the buyer on Monday (10.3.11), so that he can pick up the vehicle at my house.
He responded that he was not going to pay me the remaining balance tonight, but would instead bring it in cash when he came to pick up the vehicle on Monday.

Here was his email response.
I was planning on bringing cash for the balance, coincidental to production of the vehicle and title, I dont feel comfortable otherwise. I would have been there, picked up the car, and paid, but your scedule did not allow for this. Nothing personal, I have been burned before and I think the fact that I paid the balance timely, commuincated openly and Im trying to work with your schedule. I trust this shold provide comfort in knowing Im not going to stiff you or play any games.

Pete


I am not okay with this because the buyer has decided to ignore my payment rules. I would expect a responsible and professional adult to follow through with payment regardless of "nothing personal" or "I've been burned before". It is also my understanding, that by bidding on and winning my auction, he has legally bound himself to pay on time.

Should I let it slide and wait for him to show up with cash?

Can I report him to ebay as a delinquent payer and keep his deposit?

Need advice! I don't want to get burned by this guy.
This post was edited on 9/30/11 at 12:43 pm
Posted by C
Houston
Member since Dec 2007
27824 posts
Posted on 9/30/11 at 12:40 pm to
who has possession of the car?
Posted by MandevilleLSUTiger
Baton Rouge
Member since Sep 2005
6881 posts
Posted on 9/30/11 at 12:42 pm to
What if he gives you money and you can't produce the title?

If you got the deposit, set up the meeting and see what happens.
Posted by fasdit
Member since Mar 2011
35 posts
Posted on 9/30/11 at 12:44 pm to
I own and have possession of the car and title. The title is still in my name. I stated that I had the title and full ownership of the vehicle in my listing
This post was edited on 9/30/11 at 12:51 pm
Posted by notslim99
City of Bossier City
Member since Feb 2005
4531 posts
Posted on 9/30/11 at 12:47 pm to
quote:

Should I let it slide and wait for him to show up with cash?

Can I report him to ebay as a delinquent payer and keep his deposit?


Tell him the rules are spelled out in the listing, and he should follow them accordingly. Tell him that eBay has a protection plan, so that if you were trying to screw him, he'd get his money back.

However, the other side is that he did pay you a deposit, which could be considered "good faith" money. It sounds like he's legit. It's your call, but if you let him slide, the worst case scenario is that you keep his deposit and your car and report him to eBay.
Posted by C
Houston
Member since Dec 2007
27824 posts
Posted on 9/30/11 at 12:53 pm to
it sounds like he is just trying to be smart about the purchase. No way should you keep the deposit in good faith. It sounds like he is trying to meet up with you. Have the meeting and get it sold.
Posted by MandevilleLSUTiger
Baton Rouge
Member since Sep 2005
6881 posts
Posted on 9/30/11 at 1:02 pm to
quote:

I stated that I had the title and full ownership of the vehicle in my listing


But he doesn't know you from Adam. And while Ebay does have a Protection Policy for a buyer/seller, I imagine it is a pain in the arse.

All he is asking is that you trust him to make the purchase in a way in which both of you are protected. You give title once cash is hand, he gives cash once title is in hand.

I think by paying the $1000 he's proved his interest. I would meet him and try and finish the sale.
Posted by TortiousTiger
Baton Rouge
Member since Jan 2007
12668 posts
Posted on 9/30/11 at 1:12 pm to
quote:

Should I let it slide and wait for him to show up with cash?


yes

quote:

Can I report him to ebay as a delinquent payer and keep his deposit?


yes, no.
Posted by Ric Flair
Charlotte
Member since Oct 2005
13656 posts
Posted on 9/30/11 at 1:37 pm to
Sounds like you're nit-picking. If he had the car, it would be a different story.

quote:

I don't want to get burned by this guy.

How would he "burn you" by giving you $1000 and not showing up to give you the rest? Sounds like the best possible scenario to me.
Posted by TigerinATL
Member since Feb 2005
61489 posts
Posted on 9/30/11 at 1:59 pm to
quote:

How would he "burn you" by giving you $1000 and not showing up to give you the rest? Sounds like the best possible scenario to me.


Yeah, unless you think this guy is going to show up with counterfeit money or straight up car jack you I don't see why you are making such a big deal out of this. Now if he decides not to buy it once he's inspected it and wants his $1000 things might get a little tricky.
Posted by guttata
prairieville
Member since Feb 2006
22506 posts
Posted on 9/30/11 at 2:01 pm to
I'd definitely meet him. However, I probably wouldn't have agreed to meet him at my home address. I would meet him at a notary so once I got the cash, I could legally sign it over to him and then I don't have to worry about the vehicle any longer.
Posted by Roach
River Ridge, LA
Member since Nov 2007
4258 posts
Posted on 9/30/11 at 2:06 pm to
Let him come to your house - have some friends hide in the bushes and throw piss ballons at him as he walks up.
Posted by TigerDeBaiter
Member since Dec 2010
10265 posts
Posted on 9/30/11 at 2:43 pm to
quote:


Can I report him to ebay as a delinquent payer and keep his deposit?


Sounds like this is what you're after. Give the guy a break. What is the worst that can happen? Do you need the money that bad for the weekend? How would you get burned? You will still have his $1000 deposit on Monday whether he follows through or not, right?

ETA: oh, and you'll still have the car too. Yeah, you're totally taking a risk on this one.
This post was edited on 9/30/11 at 2:46 pm
Posted by TigerintheNO
New Orleans
Member since Jan 2004
41187 posts
Posted on 9/30/11 at 2:54 pm to
quote:

bringing cash for the balance, coincidental to production of the vehicle and title


him paying cash seems to benefit you more than if he gave you a check
Posted by JWS3
Baton Rouge
Member since Jun 2008
2502 posts
Posted on 9/30/11 at 5:31 pm to
quote:

I'd definitely meet him. However, I probably wouldn't have agreed to meet him at my home address. I would meet him at a notary so once I got the cash, I could legally sign it over to him and then I don't have to worry about the vehicle any longer.


This, never give out your address, if not the notary, meet at a public place, coffee shops work well. My brother-inlaw had a neighbor killed in his own driveway when a Craig's list deal went bad.
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