mazdadude7

iTrader: (4)

I put a deposit on a rx7 this monday, and while i was working out the rest of the deal i call him on friday night. Then i hear how someone else expressed interest in the car almost 2 weeks ago but was from overseas, he told me he told them to send a check and that he thought he wasnt interested until the check came yesterday. so now he tells me that he is sorry and begins to tell me of the other cars that he will have soon. I called him back today said i wanted the car and that i felt it was mine b/c got my deposit before he got this other guys check. the person i am dealing with (no need for names yet) seems to be a good person to deal with offered me another car that he had for less but its not what i wanted, and i know that this situation is a difficult one BUT i cant just sit back and let the car of my dreams slip away... so what should i say or do now?

Jarrett H

Get your money back and find another car.

Mister Destiny

iTrader: (1)

ask how much the other guy offered and match it...maybe with an incentive.

silverTRD

iTrader: (38)

i'm not sure what i would do honestly but perhaps the gent from overseas should've had better communication. i'd be pist

adam c

iTrader: (2)

If you have a signed contract, he has to sell it to you. If you didn't get a signed contract, you are a fool for giving him the money, and you will be lucky to get it back.

mazdadude7

iTrader: (4)

he has said that he will give me my $$ back and i am not worryed about that part.... i am just trying to find a clean rx7 thats stock, and prefer black on black. but this person seems to be able to get rx7 so i am at his mercy it feels like...

RotaryResurrection

iTrader: (8)

In my view, a deposit is used to hold the car for XXX number of days and is non refundable in the event that the buyer backs out. During this holding time the car CAN NOT be sold regardless of who else shows up...IF the seller holds to their word.

Now, when you put the deposit down, what agreement was made? A refundable deposit doesnt really mean anything IMO. IF the seller did not specify how many days you had to complete the deal or lose your deposit, then shame on you both for not laying out clearer terms up front.

I would say that the seller should sell the car to you, because the other buyer did not get the payment in first, nor did they choose to hold said car with a deposit themselves. However, if you put down like 100 bucks or some petty amount, then I dont blame the seller for going with the other guy. Most of the time I ask that my deposits be somewhere around $1000 or 10% of the sale price when selling a car.

mazdadude7

iTrader: (4)

I made a non refundable deposit of $1000 by the form of a cashiers check that was sent usps overnight. he said he gives 2 weeks for me to set up loans, shipping, and all that stuff. I also felt that the other buyer should have done something like a wire deposit or something...

i do feel bad though i would like to think well of the seller he seems nice, and i cant blame the other person for wanting the car.

SLOASFK

iTrader: (5)

I could probably guess who the seller is. If it is who I think it is, he's a really nice guy. He promised the car to the other guy first, I think the seller is doing the right thing.

Finding a clean black FD isn't that hard. Just open your eyes

Think of how unfair it is to the other potential buyer that he sent the deposit well before you did and through no fault of his own, it showed up late. Try to empathize with the other buyer, I think you'll see that it's only right that he gets first dibs.

mazdadude7

iTrader: (4)

just seems like if he promised the car to another guy then why except a deposit? and where are the clean fd's at? i seem to have a hard time finding any except that 25k one on autotrader

SLOASFK

iTrader: (5)

You said yourself, the deposit got hung up in the mail and he thought the other buyer flaked. It's not uncommon for people to want a car then change their mind and pick another one.

As for finding a clean FD, there's quite a few around. If you really need to know, I know of someone who restores/returns to stock and sells a lot of FDs.

Sgtblue

iTrader: (16)

^Agreed. You can argue right and wrong with the seller all you want, but in the end, you'd have to sue if he sells to the other guy. Over a $1000?
Get your financing arranged ahead of time, be patient and when you find another car, you're ready to go. Just don't hand over the check until the seller shows you a title.

Fritz Flynn

iTrader: (263)

When a buyer and seller agree to certain terms whoever breaks the agreement should pay the penalty.

The seller owes this individual 1k IMO.

Getting it in writing is always a good idea but the reality is either way this is a breach of contract and an irresponsible act by the seller.

I don't have an opinion about the other buyer that's between him and the seller and does't mean squat to this buyer. The seller flaked on the second buyer and should pay the man PERIOD.

Sgtblue

iTrader: (16)

OK. So it's a breach and he SHOULD be allowed to go forward with the purchase. But if he isn't, how do you force it? IMHO, what SHOULD happen is irrelevant in this circumstance.
Just get the deposit back and walk.

SLOASFK

iTrader: (5)

Why should the seller pay anyone? He's backing out on selling a car, not killing babies. The seller should return the deposit, but the seller shouldn't PAY anything.

Fritz Flynn

iTrader: (263)

Ok we can disagree but remind me not to make an agreement with you

If the buyer backs out he's out 1k so the same should go for the seller.

SLOASFK

iTrader: (5)

that's a good point...but this isn't a raffle. You're not paying to win the big prize if someone else backs. I still think it's only right the seller returns the deposit.

Oh yeah, I'm going to need a lot more interior trim pieces from you in the near future hope you'll still sell them to me.

Terrh

iTrader: (7)

Seller should return your deposit and aplogize profusely. He fucked up but sometimes situations are tough.

Fritz Flynn

iTrader: (263)

Of course I'll do business with you I just won't be sending you any deposits that's all

wolfman

iTrader: (2)

mazdadude said his concern wasn't the money, the seller offered it back.

I don't see how you can force him to sell the car...and he seems to be caught in the middle and wants to do the right thing. Seeing all the posts it is apparent that what is right is a matter of opinion, and IMO the seller is doing what he feels is right and that is selling to the first person who made an arrangement.

My opinion would change if mazdadude had paid for the car in full and I would hope the seller would have completed the sale with mazdadude if he had received the entire payment. So, I would chalk this up as a learning experience, be glad you're getting your deposit back, and make sure you have your financing arranged so when you find the right car there won't be any delays to cause the sale to fall through.

Sorry to hear about losing the car, I know how hard it is to find just the right fd
But I'm sure you will find another one...just be patient and keep your eyes open. Good luck on your search!

Fritz Flynn

iTrader: (263)

Sending in a deposit should protect both the buyer and seller or what's the point. If the deal doesn't go through then whomever defaults SHOULD PAY A PENALTY.

It's the sellers responsibility to determine if the 1st guy was serious or already sent a check etc..... When a deposit from the second buyer was requested the 1st buyer should of been informed of the current situation before he even requested another deposit. This is the sellers goof and if he's asking for deposits then he should damn well make good on his end and do whats right when HE breaks the agreement.

I really could care less what happens here I'm just telling you what IMO is the RIGHT thing.

bryant

i agree.
if the seller doesnt inform the other buyer then how does he now if the first deposit is sent or not.


so better communication.

Sgtblue

iTrader: (16)

I agree with Flynn except for this statement. In this case, the OP is a big dog with no teeth. Deposits as described here really only protect the seller, not the buyer. He could bring a civil action in small claims and have a good chance of winning. But that would cost much more time and money than it's worth, as in most states it would only get him a judgement. And a "judgement" + ~ $3.50 will get you Starbucks coffee. As frustrating as it may be, IMO the best he can do is get his deposit back and walk away. Why would anyone want to deal with a seller in this situation anyway?

Fritz Flynn

iTrader: (263)

key word in my sentence is SHOULD

I'm not a big fan of taking anyone to court or bringing a suit against another individual unless the damage caused had a huge impact on my life.

mazdadude7

iTrader: (4)

i appricate all the responses and i dont plan on doing any type of court case or anything like that. I have been looking for a decent fc or fd for a while now and i thought the wait was over.