Buying issue with blk fd3s!!!!
First word of advice: do not deal with this guy
I was interested in the car he was selling and sent him a down paymemt of $500 over 2 weeks ago and grew cold feet after he was slow to respond and furnish a bill of sale on an email outlaying the details of the purchase. After 3 days of waiting, I decided to keep my options open (just in case). As luck would have it, a better deal came my way which was closer to me, so I decided to go that route instead. Immediately I notifiied blk fd3s - Joel REMOVED - and he said the deposit was non refundable and he had consulted a lawyer. I never signed anything about the down paymemt being non refundable and asked for it back. Since then he has been avoiding my calls, texts and emails. I would really like to track this scumbag down. I know the car is stored in Rhode Island at a storage unit near his parents house. He lives in Texas and works REMOVED His cell phone is REMOVED and I have his parents address somewhere as well. If anybody has business dealings with Joel - STOP!!!! DO NOT DEAL WITH THIS SCUMBAG!!!!!!! If anybody has his address in Texas, that would be good help as a lot of my military buddies are still down there and would love to pay him a visit. The car he's trying to sell is a 93 black FD that has a questionable engine history and is missing a lot of parts - FYI Cheers EDIT--I need to step in here and make a couple of observations off the bat. First, it is not a good idea to start off posting his private information, so I deleted it. Second, I am a little confused at some of the things you post here. He advertised this car for sale as having to be towed home because it is missing parts. It serves no good purpose for you to point that out now. He posted that information in his FS thread, and even so, you didnt have a problem with that when you wanted to buy it, so I do not see why you post it now as some sort of attack against him. I did ask that you post this thread, but I expect that when you post in a section, you read the rules for that section first. Aside from that, I will contact the seller and ask him to join in on the thread. |
Yes, I knew the car was missing some parts. I didn't know all the information about this engine that was 'rebuilt' in 2007.
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To Clarify:
The down payment was never agreed to be non refundable. D EDIT--I need to step in here and make a couple of observations off the bat. First, it is not a good idea to start off posting his private information, so I deleted it. Second, I am a little confused at some of the things you post here. He advertised this car for sale as having to be towed home because it is missing parts. It serves no good purpose for you to point that out now. He posted that information in his FS thread, and even so, you didnt have a problem with that when you wanted to buy it, so I do not see why you post it now as some sort of attack against him. I did ask that you post this thread, but I expect that when you post in a section, you read the rules for that section first. Aside from that, I will contact the seller and ask him to join in on the thread.[/QUOTE] |
Not knowing everything about the motor has no real bearing at this point. You gave money. You want your money back. That is the issue at hand. If you read his FS thread he clearly mentions that the car has no turbo kit or exhaust....so we know it isnt in driveable shape right now. If he falsely advertised the condition, thats another issue--it matters, but it isnt the issue right now.
I'm also not certain why you made your post like a warning to others to stay away from this car--I was under the impression both from you and from his FS thread that the car is already sold, no? Anyways, I sent him a PM asking him to drop in and see what we can resolve. |
I know his car was missing parts. That's not the point.
The point is that I sent him a down payment because I was intent on buying the car, or at least going to look at it. I asked him to send an email outlining the details of the purchase, like the price, info on the car etc. etc.. He never gave me that. I waited and waited. Then another deal happened and I told him forget it. In any way, he has no right to keep my money. It was never agreed that it would be a non refundable deposit. It was a down payment to show I was serious. Now it's been almost 3 weeks of him not returning my calls or answering my texts.
Originally Posted by rx7roller02
(Post 11074130)
Not knowing everything about the motor has no real bearing at this point. You gave money. You want your money back. That is the issue at hand. If you read his FS thread he clearly mentions that the car has no turbo kit or exhaust....so we know it isnt in driveable shape right now. If he falsely advertised the condition, thats another issue--it matters, but it isnt the issue right now.
I'm also not certain why you made your post like a warning to others to stay away from this car--I was under the impression both from you and from his FS thread that the car is already sold, no? Anyways, I sent him a PM asking him to drop in and see what we can resolve. |
I am going to start by saying that this will be my one and only response to DK as I tried to deal with him earlier before he became hostile and threatening towards me, at which time I discontinued all communication.
DK was fully aware of the car’s current situation and history at the time of our dealings. We came to an agreement on a price for the car and he told me he wanted to come and look at it. The following day after consulting with a reputable person on these boards(whose name I will not drag into this), DK decided it would be more cost effective for him if he not take the trip to look at the car and instead make an offer for it sight unseen. We came to terms then and he offered to send partial payment (his choice). We spoke later to confirm the payment was received and DK told me it was a “done deal” (his words). He did say at this time that he was still considering coming to take the car personally. After a week, he calls me to say he’s sorry but he found a different car locally and already made the purchase and he cannot back out of it. In this time I had turned away multiple interested parties because the car was ‘sold’. At no time did we discuss a refundable deposit, as we agreed on the sale of the car as is and sight unseen. I’m sorry that we had tough dealings but this excursion cost me time and money. Please kindly stop the threatening messages as they will go unanswered here forward. |
Thats a LIE!!!
I was waiting for you to send me an email outlining all the details of the deal which you didn't' do for 4 days after I sent you the deposit. You had your chance and I decided against it. We never agreed that the deposit would not be returnable. NEVER. I want my money back! |
Originally Posted by blk fd3s
(Post 11074268)
I am going to start by saying that this will be my one and only response to DK as I tried to deal with him earlier before he became hostile and threatening towards me, at which time I discontinued all communication.
DK was fully aware of the car’s current situation and history at the time of our dealings. We came to an agreement on a price for the car and he told me he wanted to come and look at it. The following day after consulting with a reputable person on these boards(whose name I will not drag into this), DK decided it would be more cost effective for him if he not take the trip to look at the car and instead make an offer for it sight unseen. We came to terms then and he offered to send partial payment (his choice). We spoke later to confirm the payment was received and DK told me it was a “done deal” (his words). He did say at this time that he was still considering coming to take the car personally. After a week, he calls me to say he’s sorry but he found a different car locally and already made the purchase and he cannot back out of it. In this time I had turned away multiple interested parties because the car was ‘sold’. At no time did we discuss a refundable deposit, as we agreed on the sale of the car as is and sight unseen. I’m sorry that we had tough dealings but this excursion cost me time and money. Please kindly stop the threatening messages as they will go unanswered here forward. |
From multiple legal aspects I have found the following to be the case:
"A deposit does not bind a buyer to closing a car deal for a full purchase. Instead, the deposit serves as a bit of recovery for the seller if the buyer is not serious about purchasing. In lieu of a protracted chase of a buyer, the seller gets the deposit as a compensation for the wasted time and taking the vehicle temporarily off the market." |
That's not the case.
Furthermore, this 'done deal' that you keep mentioning about was just about the price. I agreed to buy the car at the price we agreed on IF everything checked out. Obviously I wouldn't bind myself totally to a deal - to a car that I've never seen before. If everything had worked out, I would have bought the car at the price that we agreed on. It was never a sealed and delivered deal. I never said that. I was aware of the items that were missing on the car, but I still wanted to inspect the car. That was always the case. You keep mentioning of me threatening you. I have never threatened you, I was showing my anger at you not returning my 10+ calls, many emails and many text messages. You never tried to work anything out with me, you were just stalling me. Now you've sold the car. You have no right to keep my money. What you have done is not only illegal, but it's also a crappy display of a members integrity. Just return my money so I can get you out of my life.
Originally Posted by blk fd3s
(Post 11074329)
From multiple legal aspects I have found the following to be the case:
"A deposit does not bind a buyer to closing a car deal for a full purchase. Instead, the deposit serves as a bit of recovery for the seller if the buyer is not serious about purchasing. In lieu of a protracted chase of a buyer, the seller gets the deposit as a compensation for the wasted time and taking the vehicle temporarily off the market." |
Roller is going to eat this up...where's my popcorn. I strongly suspect under contract law (or in this case the lack thereof) that the Seller doesn't have much of a leg to stand on...and by trying to pull that card...yea...where's my popcorn.
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Originally Posted by blk fd3s
(Post 11074329)
From multiple legal aspects I have found the following to be the case:
"A deposit does not bind a buyer to closing a car deal for a full purchase. Instead, the deposit serves as a bit of recovery for the seller if the buyer is not serious about purchasing. In lieu of a protracted chase of a buyer, the seller gets the deposit as a compensation for the wasted time and taking the vehicle temporarily off the market." So again, please tell me about this email that he states you told him you would provide. Also, he states that you told him that you lost your storage and that you had to turn away a serious buyer because of this. But you mention multiple buyers. I have an issue with "multiple buyers". you see, I have been around this forum for a long time. I have seen some seriously nice cars take forever to sell, and I have seen some take minutes. One thing I have seen about FDs is that if several people were seriously interested in buying your car and had cash ready to go, they wont all usually find another FD and all buy someone else's car in the span of a few days. There arent as many FDs on the road anymore, and people who look to buy these cars tend to look around a bit to find the deal they want--unless, of course, they already know the car and have their heart set on that particular one. But your car is a project--it needs work. I have an issue believing that you would have had all this interest and suddenly a few days later they all found another project for similar money that fit their needs. Having bought and sold RX7s before myself, and having seen for years how this community operates, we very often see people getting in line for these cars and/or parts. Hell, one guy actually busted the rules here last month--he advertised a fiberglass hood for an FD for $400....and had people actually posting "I'm sixth in line if everyone else falls through". He busted the rules, and since there was so much interest, he held his own auction. Ended up getting $600 for it....against the rules. This is the kind of thing we see with FDs. My point is, if you truly had that much interest in the car, chances are quite good that if you had called those guys back and said "the deal fell through, its still for sale" that someone would have picked it up. I am looking at an email right now, dated 14 April 2012, where you told him that you received his deposit, and that you would email him the receipt with the VIN and everything as soon as someone can check it for you. This tells me that you promised him paperwork to show the official details of this sale, including identifying this car. He never received this from you. You cannot hold him to a sale that you yourself did not complete--you cannot complete the sale of a car without this information! He said that he gave you a few days, you said that a week went by before he called you and asked for his money back. Regardless of what he did on his end, it isnt his responsibility to hound you to complete your end of the deal--it is yours. The last car I bought from out of state, I bought a few years ago from Michigan. I am in Louisiana. Before I even sent a deposit to hold the car, I had VIN, carfax, and agreement to sell the car to me from the seller in my hand. He was less demanding--he asked you for a receipt and written information about the sale of this car. You agreed to provide it. You didnt provide it. Therefore, this isnt a case of the buyer simply changing his mind. Here is a legal opinion that I came across that applies: http://www.freeadvice.com/law-questi...al-d-58125.htm Actually, to the contrary, a deposit is normally *nonrefundable* if the reason a sale or other transaction did not go through was the buyer's choice or due to his actions. The purpose of a deposit, after all, is to encourage the buyer to not play games with the seller by forcing him to have "skin in the game" and putting him in a position to lose the deposit if he backs out of the transaction. Normally, you'd have to state that the deposit *is* refundable for it to be refundable in a situatio like this. Note, however, that if you had caused the sale to fall through--e.g. you sold the car to someone else--then you'd have to refund it; the seller can't kill the deal and keep the money, but he can typically keep the money when its the buyer who terminates it. |
originally posted by blk fd3s DK was fully aware of the car’s current situation and history at the time of our dealings. We came to an agreement on a price for the car and he told me he wanted to come and look at it. The following day after consulting with a reputable person on these boards(whose name I will not drag into this), DK decided it would be more cost effective for him if he not take the trip to look at the car and instead make an offer for it sight unseen. We came to terms then and he offered to send partial payment (his choice). We spoke later to confirm the payment was received and DK told me it was a “done deal” (his words). He did say at this time that he was still considering coming to take the car personally. |
I do have an email stating the payment was received and the vin would be provided. He was aware that I am 2000 miles away from the car and it would take a special trip for someone to get that for me. It was explained that it would take a couple days. As for the questions I answered repeatedly, it was more so to him not remembering what I told him. I explained the full history of the car. All of which were irrelevant after he decided to go to his "as is/sight unseen" price offer.
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Originally Posted by blk fd3s
(Post 11074494)
I do have an email stating the payment was received and the vin would be provided. He was aware that I am 2000 miles away from the car and it would take a special trip for someone to get that for me. It was explained that it would take a couple days.
Hey David Yes I get your deposit. I was going to send you the email receipt we talked about with the vin as soon as someone could check it for me. There is nothing there about needing a couple days to do anything. According to the buyer, this was the last email he had from you, and he did not hear from you for those 4 days at all regarding this paperwork. Yes, you are 2000 miles away, but your family is not. And you previously mentioned having your parents look under the hood of the car--and at that time you also made no mention of needing a couple days for them to get there. As for the questions I answered repeatedly, it was more so to him not remembering what I told him. The harness I am actually unsure if all of the twin connection are there because I never had twins. But also there is none of the tubing (the commonly called rat's nest) that the twin turbos use. If YOU are unsure, how can HE be sure? How could HE have been sure prior to sending a deposit? I explained the full history of the car. All of which were irrelevant after he decided to go to his "as is/sight unseen" price offer. |
Your right the email does not specifically mention the couple of days; this was explained in the phone call. The same call which also explained that my family was in town visiting me. So yes my family was 2000 miles from the car, so they were not able to get the VIN. It is neither yours nor his business where my family members are or what they are doing; they were doing me a favor by helping with the pictures and information. It was explained on the first phone call that delays were inevitable due to my distance from the car.
As for the questions about the harness, he changed his mind several times about his intentions (single turbo, twins, pulling the engine and shipping it out before he took the car from RI) so there were new questions. All relevant information was conveyed each time he decided he may do something different with the car. Now there was significant documentation that a deposit had been received and a final price agreed upon. Whether you or DK or anyone else thinks I left him hanging is not the case. On our last phone conversation, he was aware I would get him the VIN as soon as possible and he told me he was looking into car transport companies and flights to RI. I then asked him if he needed anything else from me and he said no. Now that is definitely not leaving someone hanging. The facts are that we contractually had a deal in place and he backed out, which is not my fault by any stretch of the imagination. Again I am sorry this went sour, but I will not waste any more of my time arguing about this. |
Originally Posted by blk fd3s
(Post 11074838)
Your right the email does not specifically mention the couple of days; this was explained in the phone call. The same call which also explained that my family was in town visiting me. So yes my family was 2000 miles from the car, so they were not able to get the VIN.
The engine was done sometime in 2007. My last name is REMOVED, but it shouldn't be under my name as I wasn't the one who had it built. When I bought the car from my friend in FL, we put the motor in the car. But I believe the guy who he bought the car from before that actually dealt with Atkins. I can see if I can have someone read the serial number off the sticker if that would help. But it may be difficult since my parents don't quite know what they are looking at under the hood of any car. It is neither yours nor his business where my family members are or what they are doing; they were doing me a favor by helping with the pictures and information. It was explained on the first phone call that delays were inevitable due to my distance from the car. As for the questions about the harness, he changed his mind several times about his intentions (single turbo, twins, pulling the engine and shipping it out before he took the car from RI) so there were new questions. All relevant information was conveyed each time he decided he may do something different with the car. Now there was significant documentation that a deposit had been received and a final price agreed upon. Whether you or DK or anyone else thinks I left him hanging is not the case. On our last phone conversation, he was aware I would get him the VIN as soon as possible and he told me he was looking into car transport companies and flights to RI. I then asked him if he needed anything else from me and he said no. Now that is definitely not leaving someone hanging. The facts are that we contractually had a deal in place and he backed out If you cannot, then you didnt have anything "contracturally". He sent you money on the premise that if he didnt like the situation he was under no obligation. He sent you money in good faith before you were to follow through, and even then you still didnt get it done. which is not my fault by any stretch of the imagination. Again I am sorry this went sour, but I will not waste any more of my time arguing about this. YOU left him hanging. You now say they were visiting you--then you knew about how long it would be before you could have gotten it done at the earliest--and since you had his money, you OWED him that much to tell him. How in the world is that asking too much?? I dont see how you would have neglected to include this in the emails, even to the point where you make it sound like they are there and a simple phone call will get them looking at the car for you. His deposit was sent to you in good faith that you would follow through with what you said. You didnt. It is now up to you to return it. If you choose not to, then you choose not to be a part of this forum. There is no reason why you cannot give him back what belongs to him. you already sold the car, you were from the looks of things less than honest and forthcoming with him, and you owe it to him. Despite your best effort to claim such, you are not out anything. You told him that in the 4 days he was waiting on you that you lost your storage space....and your family was visiting you....so what happened to the car since it obviously had to be "taken out of storage" while your family was visiting you? You didnt sell it for another 10 days.....I think you lied to him to try to justify keeping his money. That isnt tolerated here. The choice is yours.... |
You are assuming alot of things and in your above post and clearly biased towards DK.
I have one single story and have stuck to it. I have all the documentation I need to prove my case. Whether he changes his mind at different points is not me changing my story. He received all documentation he needed aside from the VIN which I addressed already. If showing travel documentation for my family is really necessary than I can absolutely show you that. I think it is extremely unfair to lock my other FS thread in which I have a very good standing and no other discrepancies. You are welcome to contact the buyer of the car (or the buyers of any of my other parts for that matter) and ask him/them if I didnt provide all of the necessary information. I am up front with everyone I sell to, but when you leave a deposit you follow through or realized that you lost the deposit. That is how it works, if you are not serious, don't offer a deposit. It is that simple. |
Thats not correct Joel, and you know it.
I told you from the get go that I wanted a bill of sale and detailsmof the deal - to which you said no problem. Its because of this wait that other things happened. I didnt feel any way committed and went a different route. Had you furnished this document like we had agreed, we wouldnt be in this mess. Now youve sold your car, and you are still hesitant about returning my down payment? Thats a very low integrity score.... Just send me my money back so we can all move forward.
Originally Posted by blk fd3s
(Post 11075141)
You are assuming alot of things and in your above post and clearly biased towards DK.
I have one single story and have stuck to it. I have all the documentation I need to prove my case. Whether he changes his mind at different points is not me changing my story. He received all documentation he needed aside from the VIN which I addressed already. If showing travel documentation for my family is really necessary than I can absolutely show you that. I think it is extremely unfair to lock my other FS thread in which I have a very good standing and no other discrepancies. You are welcome to contact the buyer of the car (or the buyers of any of my other parts for that matter) and ask him/them if I didnt provide all of the necessary information. I am up front with everyone I sell to, but when you leave a deposit you follow through or realized that you lost the deposit. That is how it works, if you are not serious, don't offer a deposit. It is that simple. |
DK you are 100% incorrect. You were aware of the situation and the time frame it would take to get you the VIN and no bill of sale was to be written until the final sale. The reciept for deposit was sent and everything else was agreed to. Backing out of the deal for a different car is not a circumstance that is my fault, despite what you may think. Taking the car off the market for a period of time, losing perspective buyers, and wasting my time are the purpose of the deposit. Please read both of the attached sites above, the purpose of a deposit is to protect the seller from exactly this series of events.
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Originally Posted by blk fd3s
(Post 11075141)
You are assuming alot of things and in your above post and clearly biased towards DK.
I have one single story and have stuck to it. I will say this probably a million times in here--as a seller, you set your buyer's expectations by what you tell them. You didnt tell him it would be an extended wait, and you even admitted as such. Stop trying to wiggle out of your responsibility to do what is right already. I have all the documentation I need to prove my case. Whether he changes his mind at different points is not me changing my story. He received all documentation he needed aside from the VIN which I addressed already. Mileage statement--if your state requires it? Written receipt of deposit? Bill of Sale?? Please provide copies of all of this "documentation" to me so that I can see things from your end. Because as far as everyone already agreed up to now, you exchanged none of the above with him. So please, do tell, exactly what documentation did you provide to him?? If showing travel documentation for my family is really necessary than I can absolutely show you that. I think it is extremely unfair to lock my other FS thread in which I have a very good standing and no other discrepancies. This forum isnt a democracy. It isnt a public forum. We reserve the right to refuse service, either partially or completely, to anyone. You agreed to those rules when you joined this forum. And now that you dont wish to follow the way we do business here, you want to cry foul? Sorry, no dice. You are welcome to contact the buyer of the car (or the buyers of any of my other parts for that matter) and ask him/them if I didnt provide all of the necessary information. I am up front with everyone I sell to, but when you leave a deposit you follow through or realized that you lost the deposit. That is how it works, if you are not serious, don't offer a deposit. It is that simple. Here's what I think. I think you exaggerated your claims about losing multiple sales. I think you told him a lie about losing your storage just to try to justify keeping his money. If you really were in the right, you wouldnt need to lie to him to try to justify your actions.....yet I believe that is exactly what you have done. I notice how much you can go into detail on all sorts of points, yet when I ask you about the emails, or about losing storage, the most I get from you is a vague comment--if you even discuss it at all--then you are right back to being detailed about something else. Your actions are suspicious--that isnt a bias towards your buyer. It's an observation of what you are putting out there. I began my involvement in this thread by editing the hell out of the OP's post because he did not follow the rules either. This isnt a case of bias. It's a case of what you are showing me. Your thread was locked because there needs to be a resolution in this transaction before you can continue with other transactions. This is how we do things here because most people will not focus on this deal unless they have to get through it in order to continue what they want to do. It's still your choice.... |
Originally Posted by blk fd3s
(Post 11075308)
DK you are 100% incorrect. You were aware of the situation and the time frame it would take to get you the VIN and no bill of sale was to be written until the final sale. The reciept for deposit was sent and everything else was agreed to. Backing out of the deal for a different car is not a circumstance that is my fault, despite what you may think. Taking the car off the market for a period of time, losing perspective buyers, and wasting my time are the purpose of the deposit. Please read both of the attached sites above, the purpose of a deposit is to protect the seller from exactly this series of events.
And how could a receipt for deposit be sent when you didnt even have the VIN at the time?? Are you not aware that you need to list the exact VIN of the car that the deposit is for on that receipt? You admit you didnt have it, yet you now claim you sent him the receipt? What would such a receipt say? "Buyer has provided a deposit in the sum of ____ to secure his intention to purchase my car. It's a Mazda RX7, I dont know what the VIN is...."???? THINK.....you do not provide a receipt without properly and legally identifying the exact car that the deposit is for!! And you admit you were unable to do that. Further, you agreed to provide him written details of the sale. Again, this cannot properly be done without the VIN number to identify the exact car that is to change hands. Look, unless you are now going to tell me that those emails are not what you sent him or something of the sort, this is pretty much reached its end. You are contradicting yourself with these statements, some of which you have refused to discuss. So we are back at this place where a choice needs to be made. Are you going to make it, or am I going to make it? EDIT--another contradiction from you.... You said earlier that he was sent a receipt for his deposit. This is what you wrote in the email: Yes I get your deposit. I was going to send you the email receipt we talked about with the vin as soon as someone could check it for me. |
First off, there has been nothing that I have not responded to that wasn’t answered in a previous response. I do however skip the questions you continually ask once I have already answered them. That being said, I do have a legal claim to the money as we have all seen in the attached links. I provided proof of receiving a deposit, which is all the documentation required. The VIN topic has been beaten to death and again it was VERBALLY conveyed that it would take a few days. This is when we had no more contact as I explained above I asked if he needed anything else in the meantime and he specifically said he did NOT.
As for the condition of the car, please read above. DK asked if I could lower the price and he would buy it sight unseen in the condition which had been discussed. Questions asked about a harness after that fact are irrelevant. He made the agreement to buy the car and sent the deposit. DONE DEAL. Written receipt of deposit was sent. Mileage statement, purchase agreement and bill of sale were all to be done when the remainder of the balance was paid. I have followed all of the forum rules and respectfully interacted with mods and members of this forum for a long time. I feel it is unfair to revoke my FS privileges due to a dispute over claims with little ground to stand on. I have threatening and vulgar messages I would love for you to hear as to show you the character of the accusing party. I lied to him about nothing, I was completely upfront, and he backs out of a deal and now it’s my fault? I fail to see the logic here. Yes I turned away more than 1 potential buyer over the time I was dealing with DK. I can show you emails from previously interested parties who responded to the craigslist ad. Just because there were no replies in the thread does not mean there was no interest in the car. Talking to other parties with whom I have had transactions with would show you that I am not the one who caused this situation to go foul. I am always straight up with all potential buyers. I have not lied or exaggerated any of the points I have made. I lost potential buyers, almost lost my storage unit, and lost tons of time. Now since I will be losing more money by not being able to sell on the forum, DK will be costing me more money. That is my point of view. |
Originally Posted by blk fd3s
(Post 11075308)
Taking the car off the market for a period of time, losing perspective buyers, and wasting my time are the purpose of the deposit.
According to your for sale thread, there is not even a mention of a potential sale pending, etc. Just TTT, then buyer backed out. So, how would you lose 'multiple' buyers if your thread was still active? |
Again, potential buyers were from craigslist and other forums. This is not the only place the car was listed.
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