Jaiyurai

iTrader: (30)

I have for sale an S5 TII chassis listed for $750. I have been in correspondence with several individuals about the car. The one member in particular, which I won't name, was the first to contact me. He and I went back a forth for a few weeks. Initially, I was slow on taking pictures and sending them to him. Northern California has been storming a lot recently and it was difficult to take reasonable pictures displaying all the details of the car.

After pictures were sent, he agreed to purchase the car but needed time to find a car transport service and hire a shop to build an engine and do labor. He told me he really wanted the car and asked me to hold the car for him. He offered $375, 50% down to hold the car.

Before any money was transferred, I told him that I would take a non-refundable deposit of $375 to hold the car for 30 days for him to pick up the car or decide he no longer wants the car.

He asked for my availability to help load the car with the car transport service and the following day, he sent a $375 deposit via PayPal for the car.

Not one hour goes by, and he says his wife is angry at him and that they are having a baby in 3 weeks. So, he asked me to return his "non-refundable" deposit.

Now, this is where I'm sort of stuck on a moral issue. On one end, I'd like to refund his money and congratulate him on his upcoming baby. On the other end, I feel it was a VERY poor decision to purchase a car without your wife's consent and if you're having a baby in 3 weeks. So, I'd stick with the deal we agreed on and not return his non-refundable deposit.

Not to say you can't buy a car while expecting a baby, but if it was something that would cause your wife to be angry at you, then I feel it would be something to discuss before making that decision.

I'm leaning on keeping the deposit. Not because I need the money, but based on principle and I believe individuals should be responsible for their decisions and actions.

On a side note, prior to his wife being angry at him (and possible deposit made), I found out that this individual was already trying to sell the wheels on my TII chassis to another member local to his area. I know this because that member contacted me for pictures of the wheels.

What would you do?

Turbonut

iTrader: (1)

Did he sign a non-refundable deposit agreement?
If he signed one, then legally you can keep the deposit if you aren't able to sell the shell, but you
must make a concerted effort to resell, and if you get the $750, then you must return his deposit.
You can't be in a better position because of the said deposit.

If no contract was signed, then theoretically there isn't a contract because he sure isn't going to
agree that he entered into an oral agreement about the deposit.

DC5Daniel

iTrader: (10)

If it was near the 30 day mark, or even a week, I could understand you keeping the deposit due to turning away other interested parties. But an hour later, I think you're just trying to stick it to him on principle, like you alluded to...It's not your job to be the moral police, you shouldn't be trying to teach any lessons to someone.

We're a community here, and although he did make a dumb choice knowing full well about the upcoming expense of a baby, I think you should do the member the service of being a decent business conductor. If this was a stranger off Craigslist I personally would still say the same, but even more so when it's one of our own.

That's my 2 cents.

Jaiyurai

iTrader: (30)

No, we did not sign anything on paper because we are not close to each other and knowing full well that I was talking to multiple parties, he wanted to guarantee his chance at having the car by sending a deposit quickly.

In terms of legally, a "signed" contract isn't needed in a court of law. The general contracting company I work for was recently in a small claims court battle of a measly amount of $1100. The client sued our company based on work being "unfinished" and done below industry standards. My boss made a stupid mistake of getting a written contract, however, emails were exchanged between him and the client about expected work and the quoted price. The court used the emails as evidence and dates/times between the correspondence to win the decision in our favor.

Jaiyurai

iTrader: (30)

DC5, if 2 or 3 weeks had went by, then I wouldn't have made this thread and kept the deposit.

Now on being a business conductor, that would actually steer me more on staying with the deal or said "contract".

I get I'm not his parent and I'm not purposely trying to teach him a lesson. What I'm getting at is the idea of being responsible for his actions. The minute I did something, I was responsible for that decision no matter how much time had passed. Maybe I grew up very differently from everyone else.

DC5Daniel

iTrader: (10)

I think you took my comment about conducting business a little differently than I intended.

For the record, I would like to say this guy needs to make better choices in regards to his finances. Especially if he's in hot water over over a sub-$1000 purchase.

I think you were brought up very well, being taught responsibility and accountability. However, most people are also taught understanding and compassion. Just because you may be entitled to keep the deposit, doesn't mean you necessarily should. We're talking $375 here...not a lot of money, but it probably means a lot more to him right now with the baby coming than it does to you.

If that doesn't sway you, then I'd say you've already made up your mind about what to do, and were hoping everyone would agree. It is your transaction and your right to do as you see fit.

KansasCityREPU

iTrader: (9)

If it where me, I'd ensure the deposit actually posted and is not a back transfer. I would then make him comment in this post about going back on his word. Once that was done I would refund the deposit.

Turbonut

iTrader: (1)

You are correct if you have emails/texts stating that the refund is nonrefundable, but you would still need to return the $375 or whatever the difference might be between the $750 and amount received when sold. Technically, you could sell it for $375 and keep his money.

Personally, I'm a pretty easy going guy and would return the money.

Many years ago I put a $100 deposit on a car I saw for sale on the side of the road, but later, after thinking about the deal, didn't want another project, so called, told them I changed my mind, but told them to keep the deposit. The young couple wouldn't hear of that and returned my money. I sent them a gift certificate for dinner at a local restaurant.

misterstyx69

iTrader: (142)

Take half ...give back Half...easy ..done..lesson learned.
If you are gonna buy a car then you shouldn't need the permission of anyone,and Ya that includes your wife.If it is a Marriage then all things are equal..that includes making good and bad decisions..He made a bad one.

Zepticon

iTrader: (1)

I would return the money, it has not cost you anything, nor has it stopped other buyers.
The purpose is to make sure you dont lose if he walks away, and if you ahve not lost anything on this yet, i would return it.

Jaiyurai

iTrader: (30)

Its a fine line of needing permission and just keeping your wife in the loop. I don't know the exact situation this guy is in, but if purchasing another car is enough to make his wife angry, then maybe he should've discussed it with his wife. Could be financial issues, could be space issues, could be priority issues, who knows, but that isn't anyone's business except theirs.

Now, making decisions, then yes, he made a bad decision.

Well, I responded to the member and told him that I would refund his money pending another member picking up the car in the next two weeks. Everyone gets their money and all we lost is time.

misterstyx69

iTrader: (142)

Ya..it is a fine line..and you are a gentleman to do what you are doing.
But then again I am single so I don't have to listen to any of the "female persuasions"..they only want Half of my ****...and I like my ****!..it's good ****..I worked for my ****...stay away from my ****!
I guess in the end you gotta keep the other half happy..I mean if he wants MORE kids...heh,heh.!..he won't be doing this again!..any time soon!

GoodfellaFD3S

iTrader: (213)

You're doing the right thing, and it speaks to your character. In today's day and age it's pretty damn rare unfortunately. Good for you

FührerTüner

iTrader: (5)

You're doing the right thing by returning the money. I'd consider you a scum bag otherwise.

Jaiyurai

iTrader: (30)

That's a little much. Internet thug, are ya?
If even a day or two had passed, then I likely would have kept the deposit because it would be in my legal right to do so and would've lost other potential buyers.
Bottom line, I'm not responsible for the actions of others. He knew the terms of the deal and moved foreward, therefore agreed to them. While I'm within my legal right to keep the deposit, such miniscule amount is not worth getting into a fight for.

misterstyx69

iTrader: (142)

Fuhnortoner is the type that He'd still be bitchin about Elaine getting the BIG SALAD...(Seinfeld!)

Under PSI

No, you return the money no questions asked. How is this even a thought that runs through your head? Dude is having a baby, his wife is pissed - IT WAS AN HOUR LATER!

How many buyers passed on the car in that HOUR?

Honestly, I think it's a little scummy to even tie the refund to someone else buying the car.

...and to everyone saying you have such high character and your moral compass is on point.

I think that speaks louder then agreeing to a refund based on terms. You are scum. If it's such a minuscule amount, then why are we talking about it? You want a trophy for doing the right thing? Just give the money back, no questions, no strings.

Jaiyurai

iTrader: (30)

UnderPSI, not going to bother debating with you because you seemed to already made your mind and no rational argument can change that.

Moderators please close this thread.
Matter is settled. Too many trolls/internet thugs whom aren't able to see the whole situation rationally and quick to pass judgement.

FührerTüner

iTrader: (5)

This.

GoodfellaFD3S

iTrader: (213)

Aren't we all part of the same community guys? At the end of of the day, he's doing the right thing, no need to be jerkoffs about it. And that's my opinion...... thread closed, anyone wanting to 'get the last word' feel free to PM me