Car Selling Problem - Page 2 - PeachParts Mercedes-Benz Forum

mikemover · #16 07-19-2005, 03:05 PM

Quote:

Originally Posted by BenzOnline

Another problem with this deposit is, its on hold in the bank till friday (which will be 1 week since it was given to me). Its a personal cheque.

He doesnt want to answer my calls....only responded to one email. This is just my luck in this monopoly car selling game

Wow, you didn't tell us that before! That puts a whole NEW twist on it.

I'd count on the check not clearing.

If it does, fine.... You're $1,000 ahead. If not, big deal.

I'd go ahead and sell the car to someone else. You can't wait around forever for this guy to get his $h!t together.

Mike

BenzOnline · #17 07-19-2005, 03:11 PM

As I said before, my job at GM (no flaming!) consists of doing "collections"....dealing with delinquentes with no money for their new cars. I dont understand the logic of some people these days, they think with their eyes and take or buy whatever they like but then realize they cant pay and are in a jam.

Thankfully the car I want to buy (I need to wait for this to sell first) is still at the dealer but time is ticking.

I just wrote him another email explaining for him to call me ASAP regardless of his situation with the money so I know what to do next.

boneheaddoctor · #18 07-19-2005, 03:18 PM

Seems to me if he wrote a check then refused to make good on it he might have violated a law....particularly if your bank charges you for it....if it does I woudl file a bad check charge against him...

BenzOnline · #19 07-19-2005, 03:26 PM

The cheque was written in front of me and the bank teller took it in. It was legit.

boneheaddoctor · #20 07-19-2005, 03:29 PM

Quote:

Originally Posted by BenzOnline

The cheque was written in front of me and the bank teller took it in. It was legit.

well if the bacck kicks the check back they are likely to charge you ....regardless if its insufficient funds....a forged check or even a stop payment...

I would not set still if you loose that....thats check fraud most places...the 7 day hold is strange..banks clear everything electronicly these days..its required..your bank knows if it cleared or not. I would call them and find out.

I'll ask my wife tonight when I get home...she's been in Banking for about 7 years and knows the regulations.

BenzOnline · #21 07-19-2005, 03:48 PM

I called my bank today already about the cheque. If it doesnt clear im not charged NSF charges and they may reissue it if I want after that. I doubt I will be at fault for any of that...its not my cheque and if it bounces its my loss for no money....will my luck she'll bounce

mikemover · #22 07-19-2005, 03:54 PM

Quote:

Originally Posted by BenzOnline

I called my bank today already about the cheque. If it doesnt clear im not charged NSF charges and they may reissue it if I want after that. I doubt I will be at fault for any of that...its not my cheque and if it bounces its my loss for no money....will my luck she'll bounce

Exactly. If it bounces, it is not because YOUR account has insufficient funds, it is HIS account, and he is at fault. You should not be charged anything, by your bank, or his. They'll simply return the check to you in the mail, saying that it was returned to them due to insufficent funds in the checkwriter's account.

Mike

beevly · #23 07-19-2005, 03:55 PM

I'll be very, very surprised if that check's any good. Pays more than you ask, can't get a small loan, and lets you keep the deposit? Nobody does that. He's just jerking you around. Move on.

BenzOnline · #24 07-19-2005, 04:04 PM

You would not beleive the email I received now.

Somebody from a foreign country at age 19 has emailed me that his rich father has passed away and shot due to somebody being jealous of his wealth and in his will papers has left this child 9 million dollars. He found my email in the Mercedes directory? and wants to move to Canada with this money and is asking to keep in in my account and when he comes here I will have to assist him in how to invest this money and to start a business with me. He wants to trust me with his money and not spend it.

Obviously this is some scam or god knows perhaps computer generated....otherwise mentally retarded!

mikemover · #25 07-19-2005, 04:08 PM

Quote:

Originally Posted by BenzOnline

You would not beleive the email I received now.

Somebody from a foreign country at age 19 has emailed me that his rich father has passed away and shot due to somebody being jealous of his wealth and in his will papers has left this child 9 million dollars. He found my email in the Mercedes directory? and wants to move to Canada with this money and is asking to keep in in my account and when he comes here I will have to assist him in how to invest this money and to start a business with me. He wants to trust me with his money and not spend it.

Obviously this is some scam or god knows perhaps computer generated....otherwise mentally retarded!

This is a common junk e-mail scam. Variations of it have been circulating for a few years now. At least once or twice a week, some version of it show up in my junk-mail folder.

What they want to do is get your bank account number, so that they can "deposit this 9 million dollars".

What will REALLY happen is they will clean out your bank account, and you'll never hear from them again.

Just throw it away and don't respond.

Mike

boneheaddoctor · #26 07-19-2005, 04:08 PM

Quote:

Originally Posted by BenzOnline

You would not beleive the email I received now.

Somebody from a foreign country at age 19 has emailed me that his rich father has passed away and shot due to somebody being jealous of his wealth and in his will papers has left this child 9 million dollars. He found my email in the Mercedes directory? and wants to move to Canada with this money and is asking to keep in in my account and when he comes here I will have to assist him in how to invest this money and to start a business with me. He wants to trust me with his money and not spend it.

Obviously this is some scam or god knows perhaps computer generated....otherwise mentally retarded!

tell him if he ships you 2 million dollars in a box.....(so you can avoid taxes) you have a deal.....

glenmore · #27 07-19-2005, 04:14 PM

The buyer sounds kinda cagey and you may be in a spot now.

As mentioned above, all the parameters should have been hashed out BEFORE taking a deposit. Now you are stuck trying to contact him to put conditions on the deposit. And the terms of the deposit may then be a case of "he said, you said".

The bank may hold funds for 7 days but they should know within a day or too whether or not the check is good. Unless you have something written as to when he needs to consumate the deal, once that check clears, I would say it is his car, and you'd better not sell it to someone else. Absent any written commitment to finish the deal in a timely manner, he may then just grind you for a lower price.

If I were you, I would hope the check does not clear, and then you'll be free to sell the car.

my .02

glenmore
1991 300CE
1990 LS400
2000 C280

boneheaddoctor · #28 07-19-2005, 04:18 PM

Quote:

Originally Posted by glenmore

The buyer sounds kinda cagey and you may be in a spot now.

As mentioned above, all the parameters should have been hashed out BEFORE taking a deposit. Now you are stuck trying to contact him to put conditions on the deposit. And the terms of the deposit may then be a case of "he said, you said".

The bank may hold funds for 7 days but they should know within a day or too whether or not the check is good. Unless you have something written as to when he needs to consumate the deal, once that check clears, I would say it is his car, and you'd better not sell it to someone else. Absent any written commitment to finish the deal in a timely manner, he may then just grind you for a lower price.

If I were you, I would hope the check does not clear, and then you'll be free to sell the car.

my .02

glenmore
1991 300CE
1990 LS400
2000 C280

deposit is just a deposit....the seller has the upper hand without proof of any other agreements...of course local law will dictate what this might be.

I've had that happen....they come up will everything or they get nothing....possession and title is 9/10 of the law...

sixto · #29 07-19-2005, 04:30 PM

I guess you have better banks in Canada. With most banks in the US there is a fee for depositing a check with insufficient funds. They usually try for 2 or 3 days before sending you the bad check with a receipt for the $10, $20 or $40 dollars they took from you for their trouble.

I'm pretty tolerant but my mood has changed in the last couple of hours. Get the check back from the bank and sell the car to the next buyer. I don't know about Canadian law but the law of reason says that if you don't have a deposit, you have no obligation. Heck, maybe he's keeping your 190E off the market while he sells his

Sixto
95 S420
87 300SDL

mikemover · #30 07-19-2005, 04:33 PM

Quote:

Originally Posted by glenmore

Unless you have something written as to when he needs to consumate the deal, once that check clears, I would say it is his car, and you'd better not sell it to someone else.

Nope, nope, nope.

The deposit is just to secure the deal. It does NOT mean "the car is his".

I can't believe you want him to wait around for this loser non-paying buyer.

Mike

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