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Never ever have I had the Police involved in selling a car...

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  • Never ever have I had the Police involved in selling a car...

    I had started a post a week ago on a Nissan website regarding my problems shifting into 1st and 2nd gears with my 2001 Sentra. It just didn't want to go into those gears at all. Changed the fluid to a very expensive Redline brand and although it now shifted, it wasn't smooth, the diff was making a clacking sound while accelerating and under decell and the odd time, it still didn't want to go into 1st and 2nd. The trans is defenetly on the outs soon. Its sounds like the LSD is hanging on by a thread. So, it was time to sell her and make it someone else's problem. Car is in mint shape with no rust at all(rare 4 Canada) and considering it has 280,000kms on the odometer. Things wrong with it was, Trans, contol arm bushings, steering rack, resistor block for the blower motor, no working radio and cv shafts..both of em.

    I foolishly advertised it for $2500cdn with 2 sets of rims and tires. Way under priced for my area. I had 20 calls and 18 e-mails. I took a 200 deposit in advanced for the car in 6 hours after advertising. I told him that I would replace the cv shafts and install them as long as the parts were available aftermarket. Then the next day, someone called and offered me 3100.00 without even seeing it in person. He came down and loved it and said he can have the cash in 20 mins. So now I had a dilemia. Do I blow off the deal I made with the guy from the night before, and make an extra 600.00? Or do I say soory pal...its sold. Money is tight for me still because I am not working. So the choice was obvious.....I needed to swallow my values and ethics and try to get as much as possible!

    Fcuk it...600 bucks is 600 bucks. So I called the other dude and said I am really sorry, someone just offered me 600 more for the car. I said that if he can match it, its his. But if not I'll deliver his 200 bucks back to him. Well didn't this guy just freak right the fcuk out and start threatening me with legal action. I had hand written him a reciept saying that the 200 was a deposit on the vehicle, but it was in no way a "bill of sale". He was arguing that it was a bill of sale and blah, blah blah. I had a legal advisor look at my copy of the reciept and he said he has no case. I called him back and he still wouldn't drop it. Like on the phone for 30 mins, trying to tell him he doesn't have a leg to stand on. He said keep the 200 deposit and he'll see me in court. So I said cool, see you there. I'll be the guy saying I told you so after the case is over 9 months from now!! LOL.

    After 30 mins go by after hanging up with him, he calls back. He tells me he's coming to my house with the cops! I laughed and said "HUH?! wHAT THE HELL ARE THEY GOING TO DO?". I'll be there in 30 mins he states. Okay...so first of all, when I signed the receipt, I forgot I had signed the car over into my fiance's name a year ago, so legally, I can't sell the car. She has to sign everything. My signature means squat! Second of all, I told him that I could only find the right side CV shaft aftermarket for 100.00 and the other side has been on back order for the past 8 months. The left side cv shaft is $433.86 from Nissan. That wasn't going to happen. So I told him that I wasn't going to do the shafts for him, and he still wanted the car. This guy was pyscho. Most people wouldn't take this sh1t so far. He wanted the car so bad for 2500 he was willing to do whatever it took.

    So 30 mins. go by and the cop shows up first. I went out to talk with him about this and I said, what did the guy say to get an officer involved in a civil matter? He said the guy said I was irrate and that I may get physical, and I was holding "his" car, that he put 200 down on. The cop was on my side the whole way, but then the guy threatened to put a lien on my car and tie it up in courts for months so that I couldn't sell it for an x amount of months. In Canada, anyone can put a lien on another persons property. If it is determined that an individual has unlawfully put a lien on someones property, it carries a stiff fine. But if the person thinks he/she has a valid reason too, and the judge agrees, its not considered malicious. The cop says this can and probably will happen and that I would be in and out of the courts for the next year dealing with this.

    Who wants the hassle for an extra 600.00 bucks. So I said fine! If you want the car for 2500.00 sooo badd, you can have it as is, but you do not get any CV shafts, even the one I had ordered for 100.00, I will not fix the resistor block like I said I was going to do for him at the time, and you don't get the 18 inch wheels and you will need to come up with the balance owing, which was 2300.00, in 1 hour. He then said, are you going to recalculate the price for him because I said I was going to include the items that I am not including now? I laughed and bluntly said NO!! He said okay fine. I have the 2300 with me now. He gave me the cash, gave him a bill of sale, and cleaned out all my sh1t out of the car.

    Whats funny is, I had told the guy that was offering me 3100.00 for the car everything that was wrong with it. He was also a mechanic and he said no problem. He loved Nissans and my car was in that good of shape to be worth it for him. He had recently cracked up his GTI-R pulsar and was going to do a swap. That is who I wish the car could've gone too. But instead, it went to some hillbilly hick with 3 teeth missing from his pasty mouth for 2500. Funny thing is, I hadn't told him that the transmission was on its way out, and that it was a rare on to find because of the LSD from the factory. A new one from Nissan was 2200 bucks. I personally think the tranny will last maybe 2 months before it explodes. Maybe even less, seeing is how when this guy took possesion, he peeled out as to say, "haha..I won!" Yet I didn't spend 200 in cv shafts and my time to install them, I didn't include the 18 inch wheels, nor did I do an oil change for him or replace the resistor block. So when the tranny finally blows, he's going to wish that he had just got his 200 dollars back in the beginning. I wish I could be there when he gets the estimate for the repair. One new trans, 1 new clutch kit, 2 cv shafts, 2 control arms and a steering rack later.....
    TWO TON ENGINE LIFT/CRANE FOR RENT
    PM me if you need one!!

  • #2
    Re: Never ever have I had the Police involved in selling a car...

    Crazy story however I have to say that it pisses me off when someone makes a deal with someone and then backs out for more money!! I don't care if your not working and times are tough thats a shitty way to do business!!!
    Derek

    -2008 Avus Silver RS4-Fat ass II
    -1996 C4S-Fat Ass
    -2007 FJ Cruiser-6 speed

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    • #3
      Re: Never ever have I had the Police involved in selling a car...

      ^^ I know.....agreed. It wasn't just for money. OK, 80 % of it was for the x-tra dough, but I also wanted it to go to the right person as well. Its been my puppy for the past 5 years. A guy who wanted to do what I eventually wanted to do to it seemed like a good fit.
      TWO TON ENGINE LIFT/CRANE FOR RENT
      PM me if you need one!!

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      • #4
        Re: Never ever have I had the Police involved in selling a car...

        agreed with ginch, BUT, if your on the darkside already, I would have given the guy back the $200 in front of the cop (gotten his badge number with the date) and then sold it to the other guy quickly......it takes 4-5 bus days to apply a lien and by the time a lien would be placed, the car would have already exchanged hands and would not hold up in court, especially since you gave back the deposit in front of the cop BEFORE buddy had time to apply for the lien.......
        Don't Panic, I'm Hispanic

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        • #5
          Re: Never ever have I had the Police involved in selling a car...

          well, he may not have had a strong case, but to say he had no case I think is a little naive for a lawyer to say in that case (unless they were just trying to make you feel better or something).

          According to Canadian law (I asked my gf as she is taking courses that deal a lot with contracts and business law, and according to google as well!), verbal contracts ARE enforceable if there is enough evidence to prove that there was a verbal contract in the first place, and I think it is pretty fair to say that proof of your ad selling the car and you receiving the $200 deposit would be enough evidence for even a rookie lawyer to at least have you tied up for a decent amount of time and cost you in legal services etc.

          but all in all a lesson learned right? and no offense intended but good on the guy for not letting someone screw him around!!! (although I agree getting the cops involved is a little crazy)
          Last edited by J-hop; 03-25-2010, 12:13 AM.

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          • #6
            Re: Never ever have I had the Police involved in selling a car...

            i HATE people that back out of deals. a deals a deal...and a verbal contract is just that, a contract.

            you may have "won" but if you try and pull that kind of crap with a VW/audi owner im pretty sure the rest of the board would come down on you.


            with that said.....people are fcuking stupid. they think they understand and know the law and spout off about it, and can wind themselves in a big ball of ****. i would love to see some idiot go to court over that.

            i just sold my jetta, and specifically stated it was sold AS IS. it stated i assumed NO responsibility for any issues, past, present or future with the car.

            Needless to say, 3 days after the sale, when im guessing the prev owner failed their mechanical inspection, i had a phone call whining about how i didn;t tell them about this that and the other thing. I DID mention everything i knew about, but buyer beware and do your friggin homework. i wasn't maliciously hiding anything, but this chick made me out to be the devil.
            Team Highschool
            Twin Turbo Turbo Smurf Avant

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            • #7
              Re: Never ever have I had the Police involved in selling a car...

              Originally posted by J-hop View Post
              verbal contracts ARE enforceable if there is enough evidence to prove that there was a verbal contract in the first place, and I think it is pretty fair to say that proof of your ad selling the car and you receiving the $200 deposit would be enough evidence for even a rookie lawyer
              He could easily say "$200 deposit and sale price agreed upon was only valid for 10hrs" or what have you, No judge, would entertain the guy trying to prove it was a binding contract. PLUS, it cost over $500 to start a civil case against someone, and I would find it hard to believe that someone would spend $500 over a $2500 car. Plus, if he hires a lawyer and wins, the defendant is not on the hook for the plaintiff's lawyer bills, so again, for $2500, it's not worth the hassle.....unless the guy is that crazy and money is no object for him.
              Don't Panic, I'm Hispanic

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              • #8
                Re: Never ever have I had the Police involved in selling a car...

                Your born with 2 things in life..Your Name and Your Word.(Clearly you have none)
                Maybe that's why you don't have a Job.Shame on you.

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                • #9
                  Re: Never ever have I had the Police involved in selling a car...

                  A similar thing happened to me about 9 years ago when I was selling my Mustang so I could get money for school, some kid came and looked at it and left, then called later that night and made an offer that I agreed to but told him I need a deposit. He said fine and told me he would be by at 9am, when 10am rolled around another person offered me $500 more for the car that I accepted. 10:30 the kid shows up to give me the deposit and I told him it was sold. Next thing I know I his dad telling me he is going to sue, call the police, we had an oral agreement and so on. I didn't do anything wrong in this case because money had not changed hands, in your case the guy had every right to be upset because he had placed a deposit on the car. In civil court your little note you wrote for a deposit that you signed would likely be enough for him to sue for damages and if he could prove that in the orginal agreement you were going to include certain things or fix things that you then told him you would no longer do he would be well within his rights to sue for the costs he incurred after he took posession of the car.
                  I don't think the reaction of the guy who put the deposit down was unreasonable at all, you entered into a contract with him and then broke it without offering remedy for his loss. If you would have offered him his deposit back and $200 on top of that for his trouble you would have been $400 up and maybe saved some problems as well as shown a strong sign that you offered remedy. Hopefully he does not have anything in writing stating you would provide or fix the problems because if he does you may still end up in court, and in civil court it is not always about evidence, in many cases it is about who's story seems the most reasonable.
                  Current: Golf R and a corporate lease nobody cares about

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                  • #10
                    Re: Never ever have I had the Police involved in selling a car...

                    Originally posted by ginch View Post
                    crazy story however i have to say that it pisses me off when someone makes a deal with someone and then backs out for more money!! I don't care if your not working and times are tough thats a shitty way to do business!!!

                    x2!!
                    ~Tracy~
                    MKV VW .:R32 // BMW E30 M-Tech II // Audi A4 Avant
                    Instagram @tlarkus

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                    • #11
                      Re: Never ever have I had the Police involved in selling a car...

                      Originally posted by VWSM View Post
                      Your born with 2 things in life..Your Name and Your Word.(Clearly you have none)
                      Maybe that's why you don't have a Job.Shame on you.
                      Actually it's "You're born with 2 things in life.. Your Word and Your Balls"

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                      • #12
                        Re: Never ever have I had the Police involved in selling a car...

                        I just hate people who post something for sale, and are not willing to sell it to you for their own asking price

                        Sorry to say, but the classifieds are not an auction. You post a price, you live with that price. If you want more money, that's what Ebay is for!
                        Patryk
                        Instagram: @parkus08

                        91 BMW 340is ///M-Tech II - Under construction
                        08 VW .:R32
                        04 Audi A4 Avant 1.8TQ

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                        • #13
                          Re: Never ever have I had the Police involved in selling a car...

                          man I was just thinking how much worse it could have been if the OP would have pulled this on someone from beyond.ca, I've seen what they do in similar cases haha.

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                          • #14
                            Re: Never ever have I had the Police involved in selling a car...

                            wow for all the stuff that has gone down on this forum you guys are really ripping him apart haha. Not that I agree with what he did but at some point we have all done something that we would like to change or wish we did not have to do... just seems a little high an mighty for everyone to be preaching here.
                            Last edited by Russell; 03-25-2010, 10:16 AM.
                            2001.5 Audi S4


                            Originally posted by James
                            My engine may be a solid 4 liters smaller than yours, but i have a HUGE penis

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                            • #15
                              Re: Never ever have I had the Police involved in selling a car...

                              I'm not sure what bothers me more.....
                              - You backing out of a sale you agreed to.
                              - You not fixing what you said you were going to.
                              - Your lack of accountability costing us all money by wasting the cops time.
                              - But the winner is.... you somehow being proud of all this.

                              Sidewalks are for normal walkin.... aint no room for fancy walkin....

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