Has anyone wasted your time like this?

[sanchoXB]

How about this one, its a bit long winded, feel free to move if I have posted in the wrong thread. Just need to vent some anger.

After a month of phone calls and organizing I set off on saturday to look at a Thunderbird for sale in Parkes. During the week the owner got a blue slip and I got an unregistered vehicle permit to bring it home. Got the cash from the bank, got someone to cover my weekend at work and booked accommodation. A few weeks before I got a guy and a friend of his who lived near the car to check it out and give me an idea of its condition before I drove all the way there. It sounded ok.

I set off early saturday and as no one else was available my wife came with me even though she is 14 weeks along with our first child and quite sick. Anyway, after driving for 6 hours I was almost in Dubbo and still had about 1.5 hours to go, the mobile rang and it was the guy with the tbird who told me that he had sold the car a few hours earlier. He said someone saw the car, paid full price and taken it, what a load of crap, nobody just happens to spot a car on a sat morning pulls out $28k and buys an unregistered car. My feeling is that he decided he didnt want to sell the car and made up that story. So after much swearing and screaming abuse at him we turned around and drove 6 hours home.

I have never been so angry my whole life, the cost of the weekend: 2 cartons of beer for the guys who looked at it ($90), permit ($25), petrol ($120), hotel room ($135), staff wages at work ($350). All that plus 12 hours each of my wifes and my time plus another 1200km on the car and this TOOL calls it off.

Well thats my rant and Im still fuming, any other stories like this?

[FGII-XR6]

if you have emails etc where he agrees to the sale he has entered into a contract and you can claim your losses through the courts . if people like this aren't taken to task for their actions they will do it to others

[Auslandau]

Originally Posted by au3xr6

if you have emails etc where he agrees to the sale he has entered into a contract and you can claim your losses through the courts . if people like this aren't taken to task for their actions they will do it to others

No money changed hands, someone changed their minds on the sale before it was completed ..... what are you going to ask a lawyer about? No signitures, contracts, nothing legally binding and in a private sale (even non private) the promise of sale isn't binding. Even if their was emails, promises made etc. Very expensive to try and prove a point and to sue on principle. Its just unfortunate and that's the way it goes ..... crap thing to happen though and would really stuff up your week!!

[aussie muscle]

Originally Posted by au3xr6

if you have emails etc where he agrees to the sale he has entered into a contract and you can claim your losses through the courts . if people like this aren't taken to task for their actions they will do it to others

i don't like this advise. only the buyer has to buy once a price is agreed to. the seller can pull out at any time in most cases (except maybe a written contract with penalties specified?)

[FGII-XR6]

Originally Posted by aussie muscle

i don't like this advise. only the buyer has to buy once a price is agreed to. the seller can pull out at any time in most cases (except maybe a written contract with penalties specified?)

you may not like it but the fact is if you can prove you had an agreement and you have suffered a financial loss you have a case. legally even a verbal agreement constitutes a contract as long as you can prove an agreement was reached

http://www.kimmorrissey.com.au/contr...tes-lawyer.htm

A contract is essentially an agreement or promise by one person to provide something to another person in return for value, and with the intention of the persons that they create a legal relationship between themselves.
The contract may be an oral (verbal) agreement, or in writing (including handwriting), or partly oral and partly in writing.
If one of the contracting parties breaches or breaks a contract, that may give the innocent party certain rights which can be enforced in court.
Whether a barrister (link to what is a barrister) is required, often depends upon the seriousness of the matter, or the amount of money involved. Generally speaking (and there are exceptions) a dispute involving less than say $40,000, does not warrant the retention of a barrister, as a competent solicitor should be able to handle it. However, if you are in doubt, check with me.

[RG]

Originally Posted by au3xr6

you may not like it but the fact is if you can prove you had an agreement and you have suffered a financial loss you have a case. legally even a verbal agreement constitutes a contract as long as you can prove an agreement was reached

http://www.kimmorrissey.com.au/contr...tes-lawyer.htm

You try that one and let us know how you go with it......

[FGII-XR6]

I did about 6 years ago it wasn't a car it was a very large quantity of IT gear but the principal is the same had my expenses of $1400 awarded plus he had to pay legal costs he won't be shafting anyone else in a hurry all up it cost him over $6K. thats how I know it works, I laughed at the time when told I could do it but decided to give it a go, not for the money but to make a point to this moron

Originally Posted by RG

You try that one and let us know how you go with it......

[Pedro]

No wonder you're fuming sancho, what a Richard Cranium.
The problem with trying legal action is it only makes the lawyers rich and even if you get a decision in your favour, you can't get blood out of a stone.

[RAPID_BA]

Trust me buddy it might be a little annoying but not worth wasting another moment worrying about it.

I could tell you stories to make you gasp and thank your lucky stars your problem is a sold thunderbird.

[Supercharged]

Originally Posted by Pedro

No wonder you're fuming sancho, what a Richard Cranium.
The problem with trying legal action is it only makes the lawyers rich and even if you get a decision in your favour, you can't get blood out of a stone.

Under $6000.00 it is small claims court, no Lawyers allowed, cheap and easy to do.

[Zero_PSI]

I usually get this when selling something, never when buying.

Should've driven the extra 1.5 hours and laid a boot in this guys ***.

[FERG_51]

I almost gave up looking for an XY after several 800k trips to look at suposedly mint cars, that turned out to be bogged up dogs. Persistance payed off in the end though and i now have my dream car in the shed.

[Bobman]

Isn't this why deposits are paid though? To at least 'hold' the vehicle?

[Thornie]

Originally Posted by Bobman

Isn't this why deposits are paid though? To at least 'hold' the vehicle?

Half the time a deposit means sqwat to people i paid a deposit on a turbo diesal 4 runner only to have the guy sell it on me the day before i drove down to pick it up.

[Mickxr8]

Just very poor form on the sellers behalf..

These things do happen, but most people do the right thing (seller wise) and a phone call saying `your on your way ` should seal it.

just my 2c worth

[wraith]

A deposit should of been placed along with a bill of sale signed by both parties stating transfer of ownership on receipt of full amount. Least you would of had an option. As said though not much you can do.

[sanchoXB]

Im not going to bother with any legal action I would be wasting even more of my time, just wanted to have a rant. Ive spent 3 years and many long trips looking for a 1960 Tbird, always to find they are boggged up specials straight off the boat from the US. The right one will come along one day.

[janddbone]

Shame he would not chip in a little money for your costs...

I did this, but the other way around once. I pulled out of an ebay sale, after finding an even better, but much closer located car. After chatting with the bloke, he agreed to keep the deposit, and all was okay. I was happy too, as the saved petrol, more than made up for the deposit. Good all round. But even if it wasn't good for me, I would have offered the deposit to the seller for his troubles...

Sadly, decency, is quickly being left out of Australia... Just like good cars!

[fat4D]

Yep! happened to me about 3 months ago, but with a bike instead of a car.

found my dream bike (just got onto my full license) was a 2001 gsxr750 yellow and black perfect condition. drove from Canberra to Sydney one weekend to check it out, was awesome. we agreed an i was going to pay asking price. so the next week went by with constant communication and i happened to find someone to buy my 250 up in sydney only a couple of suburbs across from where the nex bike was. So i talked the kid into paying asking price as i was going to deliver it to Sydney for free to his door, spoke to the rents dad oragainsed to borrow a bike trailer from someone else in his bike group (struggle town tourers if your in the ACT check em out) they were suppos to have a ride that day but he said he would come with me.

so the sunday came i spoke to the person about 630 the night before telling him we would be there about 1230, so put my bike up on the trailer and head off. we get to sutton forest and my phone rang and it was the seller, im thinking he was going to see how far away we were and say bike is all ready to go etc. NOPE oh i sold the bike late lastnight...THANKS.

the worst bit was telling dad we had to turn around, so i wasted his perfect sunny day where he was going to head down the cost for the day with the bike group, had him ask a favor that led to nothing and put useless km's on his car as i dont have a tow ball. then had to call the kid that wanted my bike and tell him i couldn't sell the bike as my other purchase had fallen through.

i wonder sometimes why people do this all you had to do is say the car/bike is no longer for sale a day before and i would have gotten over it

[davenl5l]

yep phoned first to check that a classic motorcycle auction was on in brissy was told it was drove 20 hours from adelaide only to be told the bike shop owner had changed his mind b******d

[mik]

dirty mongrels ..........

[makattkd]

This happened to me about 2 years ago. I was selling my car (deposit taken) and shopping for the next one. Found a mint BA Mk2 XR8 exactly what I wanted, but it was in NSW (I live in TAS).
Negotiated with the guy, agreed on a price, agreed on a date in which I and a friend would fly up and check it out. He even agreed to pick me up form the airport and all. I offered a substantial deposit, but he said he wasn't too fussed about it. I booked flights up, accomodation and the boat back for the following week.
Anyway the guy came and picked up my car and paid for it. I kid you not, within an hour of selling, the guy from NSW rang me and said he was not selling any more! wanted to keep "his baby" I was fuming, but there was nothing I could do.

I got a credit (less surcharges) for my flights, was able to cancel accomodation less a booking fee and cancelled the boat less a cancellation fee. So I was out of packet somewhat, but at the end of the day there was no written or signed contract, no money was exchanged so he had every right to reconsider.

Actually in hindsight now I am glad, cos instead of a 2004 model used car I ended up with a brand new one, albeit not a v8.

[mr smith]

I had the opposite happen once, a dude paid for a classic bike I had for sale, said he would be back with a trailer or ute and never turned up ! (I even suggested a deposit would be fine, but he insisted paying in full). I called the number he left and some bird went off her nut "if you see him tell him he is dead etc". (maybe she got him? )

That said, I've had heaps of long drives only to be fronted by a total misrepresentation of what was promised. Unfortunately its part of the game. At least you hadnt paid for it and things turned pear shapped.

[302 XC]

When the minister and myself were looking for our GQ patrol
ive lost count of how many "Shes immaculate mate, wont find any better" stories i heard
After driving hours to get there and be let down,i was getting very disheartened
1 seller,
Who had the car from new fully log booked, serviced ect
We drove 3 hours to get there
It was ruff as , had a new head fitted (it was all nice and shiny)
But oh, he couldnt remember or every answer was "I dunno"
Cmon , bought new and didnt know what was wrong or even fixed on it ???
Wouldnt run on petrol (it was dual fuel)
He was chasin over 10 K for it !!!

2 seller
Recently listed online
Rang nite before , said be there 7 am , next morning
Again another few hour drive
We get there
No battery, car was covered with stuff, inside was packed with stuff
Under the car was stuff, we couldnt even push it outside of the shed
The bloke wasnt there, left just 10 mins before we got there, then left the wife to deal with it
He was chasin just under 10K for that one

Then rang me a few hours later (on my way to look at example 1 above)
Said "Could you come back take another look"
Seriously !!!

Needless to say after looking at those and many other "Immaculate examples"
We did find one

Told that seller, whom we bought of
If its that good, you bring it to me
And he did

We spent over $1,000 on fuel looking at these examples

[Streets]

I flew from Brisbane to Geelong to buy my XD... After reading some of the stories on here, it makes me realise I was lucky that my purchase turned out to be as described.

[Glen 5150]

A few years ago i was looking for another AU 2 XR8 220kw. Live in Brisbane and finally tracked one down in Mackay. Mint 50,000km fully optioned, leather, momo etc.. Spent 3 weeks of emails and ph calls and finally agreed on price and told him i'd either fly or catch a train and be there late Friday afternoon or early night and drive it back Saturday. Yeah no worries, but i can't give you the keys and possession till Wednesday he says? Why? I don't trust people with bank cheques he says. WTF!!! He thought i would take possession and then cancel the cheque? After all these negotiations and you know everthing about me you think i'm going to shaft you? Offered him $5000 cash and the rest in Bank Cheque but he still wouldnt come to the party. Who the hell walks around with $15k cash on them on a Friday night i said????

Walked away from it as i was totally offended an insulted by his thoughts of my integrity and principals.

[RG]

Originally Posted by 5150gk

A few years ago i was looking for another AU 2 XR8 220kw. Live in Brisbane and finally tracked one down in Mackay. Mint 50,000km fully optioned, leather, momo etc.. Spent 3 weeks of emails and ph calls and finally agreed on price and told him i'd either fly or catch a train and be there late Friday afternoon or early night and drive it back Saturday. Yeah no worries, but i can't give you the keys and possession till Wednesday he says? Why? I don't trust people with bank cheques he says. WTF!!! He thought i would take possession and then cancel the cheque? After all these negotiations and you know everthing about me you think i'm going to shaft you? Offered him $5000 cash and the rest in Bank Cheque but he still wouldnt come to the party. Who the hell walks around with $15k cash on them on a Friday night i said????

Walked away from it as i was totally offended an insulted by his thoughts of my integrity and principals.

I'd never let a car leave my driveway until the cheque had cleared and I'd never expect anyone else too either.

Not saying that you are one of them, but there are far too many dodgy people out there to take a risk like that.

[Glen 5150]

Originally Posted by RG

I'd never let a car leave my driveway until the cheque had cleared and I'd never expect anyone else too either.

Not saying that you are one of them, but there are far too many dodgy people out there to take a risk like that.

Yeah fair enough, each to there own i guess. Bought and sold heaps of cars in my life and that was the first time someone had ever questioned my morals? Was a bit of a kick in the **** actually. Its not that easy to cancel a Bank Cheque? Especially if you offer the seller your copy of the cheque stub until it clears? Can't do much without that i've been told by the Bank?

[spebgtsprint]

Originally Posted by RG

I'd never let a car leave my driveway until the cheque had cleared and I'd never expect anyone else too either.

Not saying that you are one of them, but there are far too many dodgy people out there to take a risk like that.

A fella I work with managed to CANCEL A BANK CHEQUE for $28000 after paying for an alleged LH SLR5000 Torana. Paid for it on the Friday night with bank cheque. Found out over the weekend it was only a tarted up G PAK Torana. Phoned the seller, got abused, threatened etc. Police called. Monday morning, the seller presented the bank cheque to his own bank, thinking he had scammed 28K out of my mate, only to be told that a police intervention had been put on the said bank cheque and the funds were frozen until further notice..............

Yes, this is an extreme case, under special circumstances, but it has only confirmed for me that real cold hard cash is still the ONLY proven real deal!

[Glen 5150]

Originally Posted by spebgtsprint

A fella I work with managed to CANCEL A BANK CHEQUE for $28000 after paying for an alleged LH SLR5000 Torana. Paid for it on the Friday night with bank cheque. Found out over the weekend it was only a tarted up G PAK Torana. Phoned the seller, got abused, threatened etc. Police called. Monday morning, the seller presented the bank cheque to his own bank, thinking he had scammed 28K out of my mate, only to be told that a police intervention had been put on the said bank cheque and the funds were frozen until further notice..............

Yes, this is an extreme case, under special circumstances, but it has only confirmed for me that real cold hard cash is still the ONLY proven real deal!

Glad you said extreme case. One would of thought your mate would of done his homework before he handed over the cheque, but yeah it can happen and glad all worked out ok, apart from a bit of police involvement.
I've bought plenty of cars with cash, and have always had the courtesy to ask the seller if he/she is comfortable with having cash in their possession until they can get to a bank. The point i was making in post #24 was, there is no way i was going to walk around at night in a town (Mackay) i've never been to before with $15k cash on me. Granted, there are scammers and dodgy buggers around, but unfortunately its made some sellers over-cautious and cynical, and spoilt it for the honest buyers?
As i said his refusal to take a Bank Cheque was a real kick in the *** to me, as i'm pretty big on principals and honesty. That was 3-4 years ago now, its just lucky i'm still not bitter and twisted about it still though?