RE: ProjectDragon=Deadbeat buyer

[SteveG]

Well As some may know my car was supposed to have been sold yesterday to a kid from the beyond board by the name of Kyle Collins ([email protected]) AKA ProjectDragon

background: kid was supposed to come to lethbridge from calgary to look at the car and said he was pretty confident that he was gonna buy it, that was sunday he said he was gonna be in town at about 1-1:30pm on sunday, i said fine and gave him my cell number and told him to call my cell when he got into town and i'd give him directions. Well at 12:50 he PM's me on the beyond.ca board that something came up and his ride couldnt make it but he'll figure something out.

Sunday night: Kid MSN's me and says that he's deciding on whether or not he going to buy it for sure, said somethign to the effect of "I dont want you coming up to calgary and me not wanting it" I said fine cause I wouldnt be driving it up to calgary if he didnt have his mind made up, he says he'll get back to me

Monday morning: he messages me and tells me he will buy the car for sure I said fine when are you looking at having it, he said tuesday is the only day that really works for him cause he has it off. I said fine I'll swap the stock coils back in and bring it on tuesday, but i would need a deposit on the car and that if he put $200 in my bank acct that I would take that as a commitment and would take the rest on delivery

Monday afternoon: Go to buddy's house to swap the stock coils back in only to find out that i'd accidentaly thrown out the rubber spacers rings for the coils, Crap spent all afternoon/evening trying to figure out something to make it work, Got an email from bmeier saying that he will take the coilovers, AWESOME!!! but crap how do i get the stock coils in? damnit only way is to drive to calgary and stay in a hotel so that I can make it over to ben's house to swap the coilovers onto his car and I take the rubber pieces from his to put the stock coils on my car COST=$115 for hotel

This morning: 8am check out of the hotel and head on over to Bmeier's house to swap the springs around. Well that took alot longer than expected, mostly cause I didnt have all my normal tools added to the fact it was snowing, the kid phones me about 10 times in 4 hours wondering whats taking me so long I tell him that it is taking longer than expected to swap the stock coils in, he wanted us to meet him at 11:30 on the west side of town, well we finally finished at about 2:00pm

I call up the kid and tell him we are on our way and he gives up some messed up directions and we finally get there at about 2:30, the kid and some old guy take the car for a test drive and end up getting stuck (did i mention the car is running Falken Azenis' and its -10out with snow on ground?, no shit you're gonna get stuck) They come back and say well the kid wants his dad to look at, wants a mechanic to look at is as well and they'll give me a call tonight...(WTF?!?!?! i am only supposed to be delivering it, i live in lethbridge and no they cant call me tonight) All this time the kid hasnt said anything and its the old guy doing all the talking, saying that the kid isnt comfortable with the car etc etc, I asked him what he wasnt comfortable with, the car, his driving, the fact its mid engined???? wouldnt give me an answer......I ask the kid straight out does that mean there is no deal? he says yes and says "I guess you want you gas money right? i said ummmm YEAH!" so he hands me the $75 gas money, then about 5 seconds asks me if he can have his deposit back ( i almost killed the guy right there) and try to as slowly as possible so that his thick head can understand that there was no way in hell that he was getting his deposit back, he got all huffy and we all left, Damn i coulda killed the guy!!!

I still cant even believe all the time and money I wasted on trying to make this guy happy. theres things liek the fact i turned down a workday on a stat holiday ($320) my buddy turned down a workday to come and drive me back to leth ($250) The hotel room i had to get so the guy could have the car in the configuration that he wanted ($120) The fact that I can no longer say that my car has never been driven in the winter, the fact i have two rock chips in my brand new windshield, not too mention the amount that i'm gonna find when i wash the car tommorow (about 2-3hours worth to get all the salt/sand back off the car)

And thats not even taking into the time I have spent driving the car there, swapping coil springs. Or the fact that i had to sell the coilovers for $350 less than i paid for them this summer, regardless of the fact that I wouldnt have sold them had i known what was gonna happen.

I am still seriously considering legal action against this kid for all my troubles and the troubles to others he has caused by backing out of a legal contract of purchase (i have all the MSN chat logs still where he clearly states that is GOING to buy the car.

Steve

[szw]

doesn't sound that bad. you got 75 gas money and the deposit...sounds acceptable. Selling is a bitch.

[SteveG]

you obviously didnt read the post

Steve

[szw]

I did read it, and it does sound annoying, but thats how selling a car is.

A lot of people put up with similar things and get nothing for it. At least you got 275 when you could easily have gotten nothing.

I don't think saying he will buy it on MSN constitutes a legal contract.

[kaput]

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[PsI]

Man that really fuckin blows.. i would take him to court if you have the MSN chat logs and such.. but there is a change that when u'r in court the kid will say that is wasn't him and other bull shit. Sorry to hear about this man!

[kenny]

Originally posted by szw
I don't think saying he will buy it on MSN constitutes a legal contract.

Sure it does. As is saying verbally that he will buy the car.

SteveG, you may want to leave some negative feedback for that person, and include the original for sale thread.

[Weapon_R]

Welcome to the world of car sales. There are tons of deadbeat buyers around, even on this site. There are people who promise to come take a look, make you sit at home waiting, and never show. There are others who come around to test drive cars if they have nothing better to do.

It's really not the buyer's fault that you agreed to come up to Calgary to show your car, and removing the coils etc that required you to stay in a hotel isn't really his fault either. He did leave a $200 deposit which shows he was interested, and maybe the car wasn't all it was hopped up to be...

[Redlyne_mr2]

Kid doesnt deserve to own an mr2

[Weapon_R]

Originally posted by kenny


Sure it does. As is saying verbally that he will buy the car.

No, unfortunately it won't hold. If he is a "kid" as the original poster claimed, I assume he is under 18. Minors are not legally able to enter legally-binding contracts. There was a reason that the car was not purchased, and that may only be known by the buyer. If there isn't mutual assent (ie - the seller made a claim that turned out to be untrue or something that threw the buyer off) then the contract is void.


Neither will a verbal contract. Try proving it in court.

[EK 2.0]

Dude that sucks Bro...sorry to hear that there are a lot of "deadbeat" buyers out there...

[illeagle]

WOW...... I bet that kid is pissed, ($275) ahhhh well, So what cha gonna do when this kid's parents call, telling you to give the money back? ...... I'd tell them to go to Lethbridge, and get it, You'll be 'home'.... right??

[kenny]

Originally posted by Weapon_R


No, unfortunately it won't hold. If he is a "kid" as the original poster claimed, I assume he is under 18. Minors are not legally able to enter legally-binding contracts. There was a reason that the car was not purchased, and that may only be known by the buyer. If there isn't mutual assent (ie - the seller made a claim that turned out to be untrue or something that threw the buyer off) then the contract is void.


Neither will a verbal contract. Try proving it in court.

whether it would hold up or not in court is a different matter, a contract is a contract. Missed the part of the buyer being under 18 though, thats about it.

[rice_eater]

man you got close to $300 for your expenses...i understand what a bitch this was for you , but imagine if you had done all that and got nothing! i think legal action is going quite a bit overboard

[Mike09]

Originally posted by Weapon_R
Welcome to the world of car sales. There are tons of deadbeat buyers around, even on this site. There are people who promise to come take a look, make you sit at home waiting, and never show. There are others who come around to test drive cars if they have nothing better to do.

This is very true. I had a pain of a time selling my 240. I had some people that would say they were going to buy for sure and made false promises, but it is something you have to deal with!

[szw]

http://www.wd.gc.ca/legal/ab/contracts_e.asp#top

I guess MSN /verbal agreements are legal but its enforcing/proving it that is the problem. (if he was 18 or over)

however since you didn't give him the car, I don't think you could sue for anything such as missed work, hotel, selling used coilovers cheaper than new, etc, unless it was stated in the 'contract'.

6. What the consequences are for a breach of the contract by either party.

[kenny]

The lesson to be learned from this is that your deposit requirement was too low to cover your expenses should the deal fall through.

[SteveG]

I dont think i could ever bring myself to actually pursuing this but my whole point was that he had CONFIRMED that he was buyign the car and I drove the car up from lethbridge (500kms round trip) and the confirmation that he was buying the car, that was the point of the deposit, if he had said that he wasnt sure and wanted to see the car, It wouldnt have ever left my garage!

You're also not realizing the fact that this car up until this point has never been winter driven and it has now sustained minor damage because of it! All because some kid (admittedly he said he was 17) decides at the last minute that he doesnt want the car.

But the lesson learned is that if he isnt interested enough to come to look at the car he isnt interested enough to oown the car and it will continue to stay in my garage.

And how can you justify $275 even remotely equals the $1000+ that i would've saved/made had this kid been honest enough to say he wasnt sure he wanted it, instead he wanted to waste mine and 2 other peoples time and money.

As for if his parents wanna call and askf or the money back they can sure as hell call me and I'll explain to them and if they'd like to see the logs they are welcome to it, but i'll tell them the same i did him that in polite words he can go piss upa rope.

Steve

[Weapon_R]

Originally posted by kenny


whether it would hold up or not in court is a different matter, a contract is a contract. Missed the part of the buyer being under 18 though, thats about it.

While verbal contracts and msn contracts do exist, it'll be tough to prove in court. There is no telling what kind of state the buyer was in through a computer screen.

BTW - I'm only assuming he is under 18 because of his email address and the fact that he needed to confer with his parents and the "older guy" and a mechanic in order to buy the car.

[SteveG]

Originally posted by kenny
The lesson to be learned from this is that your deposit requirement was too low to cover your expenses should the deal fall through.

totally agree but next time I just wont deliver period


steve