So here is the story. I owned a 89 TII a few months back. Due to my parents moving to out of country I had to sell the car. Posted it on the forum for 5000 Obo with a lot of interest in the car. Dirtydirka messaged me saying he needed a car and could pay me what he had in cash on hand and then pay the rest later. I figured since he needed a car quick and I wanted to sell it before I moved out this would be perfect. So we went over the car and he decided to come check it out.

He comes down test drives and all is well and he likes the car. The car was sold as is without smog since he needed the car as soon as he could get it. I told him it should pass smog since the cat was installed a month prior. There was no mention that that I would not receive the rest of the payment if it did not.

He takes it in and it doesn't pass and we later find out that the cat had gone bad. Eventually he decides to sell the car since it doesn't pass smog. Keep in mind there was no mention of me not getting the rest of the money and he still messaged me that he would pay me the rest. After about 2-3 months of no response I notice a post he made on the forum. He ignored my messages all this time until I posted in his for sale for another rx-7. I then find out he decided not to pay me the rest of the money because it did not pass smog.

If I would have known that would be the case I would have repurchased the car and tried to get it smogged again myself.

Now also consider this he paid 3500 for the car, he sold i for 5000 dollars, he made a profit and I lost out on money.

Still trying to resolve the issue but its kind of hard when I am the only one who wants to try. I guess when you screw someone out of their money you don't really want to talk to them.

Lesson learned, doesn't matter who they are don't trust anyone. I tried being a good guy and decided to help a forum member have a form of transportation instead of waiting for someone to pay in full. Will not do it again.

 

Did you write up a bill of sale?

I am going to deduct that you signed over the title to him also without getting full payment. What were you thinking?

Have you saved all of the communication between yourself and him that states that he will pay you the balance?




I owned a 89 TII a few months back.
According to your thread you sold this 7 months ago?

 

wow

 

Yeah I did sign my title over to him without full payment, my mistake, and I have our pm's in which he states that he would pay me back even AFTER he sold the car to someone else. I know i sold it before august. Any idea on how I should proceed?

 

The pm's or emails you have are a contract between you and him. Check with your local laws concerning this. They may be good enough to take him to small claims court.
Rx7roller02 will probably be able to shed some more light on this. If he does not respond in this thread I would recommend to pm him. He is always more than happy to assist in this matters.

 

Mutaku actually stated to me at purchase that i could bring car home and it would pass smog, i payed him 4000/4500. car didnt pass smog as i tried to pass 4 times. i have messages showing that i informed hm of this. because it didnt pass i couldnt get it registered and had got pulled over and a ticket for this. as is for why i did not pay him the last amount. he didnt fulfill his part of the deal. and on bill of sale it said 500 so court will do nothing. i work on cars for a living and i dont mean to rip anyone off. but when someone tells me the cars good and will pass etc etc....thats like me selling you a car saying engines strong you driving home and it overheats......i have no need to rip some little kid off. he needs to stop crying grow up and learn a lesson from this, ALWAYS SMOG CAR BEFORE YOU SELL. and if your not going to. then dont cry.

 

oh and it was more then the cat, my shop owns a smog station and it had a few leaks and i was told any cat you put on that car would be fried within weeks.

 

Wrong. This is something that YOU should have verified yourself. While it may not be good business practice to sell a car by giving bad information, it is FAR worse to just "decide" you don't owe him the rest of the money. Dealerships lie to you all the time; try not making a car payment because of inaccurate info, and see what happens.

The MOST you can say is that the person you bought the vehicle from is a bad seller due to giving poor information.

Pay the man his money.

 

the kid aint getting money because he didnt follow through on his part. you cant judge a sale when you dont know exactly how it went. its all hearsay. judge as you wish.

 

Hearsay? I "judged" by your post alone. Whether the car passes smog or not is irrelevant, the point is that you decided to make your own deal. It's really aggravating to hear about this kind of stuff over and over again, how people decide what something is worth after making a deal and promising to pay a certain amount. It's YOUR fault for not testing everything before you bought it, not the seller's. There's not even any proof that the seller KNEW the car wouldn't pass.

Whether you realize it or not, you display all the signs of a scammer.

 

I am missing something... what part didnt he follow through on?

 

Dirkydirka, did you ever ask him if he would take the car back and refund your money???
Can we see the "for sale" thread??? If the car is advertise "sold as is"...then he is not responsible for it not to pass smog.

 

Dirky, you are stating that you paid 4000/4500? He is stating that you paid 3500?

So which is it?
For every ones information about smog responsibility.
In the State of Ca it is the sellers responsibility to smog the car before it is purchased.
The only way to get around this at the time of sale is to state that the car is being sold as a "Parts" car and is not running.

Dirky, He also saved you a tremendous amount of money by (if this is true) listing that the car was sold for $500.00.
Tax wise that would of saved you $300.00 or more alone depending on what the car was actually sold to you for.

I would like to see what the bill of sale states on it please.

 

Here is the link to the for sale thread.

https://www.rx7club.com/showthread.php?t=646861

 

Unless you had it in writing that the deal was off if the car didnt pass smog, you dont have a leg to stand on. It is that simple. Also, from a legal standpoint, why didnt you go back to him and demand your money back, since it didnt pass? I know you arent gonna like to hear this, but the law does not allow you to just apply whatever solution you think you deserve in a transaction like this. It is up to you and the seller to work things out. You bought a used car with no warranty expressed or implied, and as such you are now 100% responsible for any and all repair costs needed. You cannot go back and rob the seller because he said "it SHOULD pass smog". If you dont have it in writing as a condition of the sale, then you are screwed.

Also, you said your shop has a smog station. what exactly do you mean by "your shop"? Is it just the shop you take your cars to, or do you work there?

I would also like to know who has receipts for this transaction. How was this money paid to the seller? Cash? Check?

 

Dirka...sorry, man - you're wrong here. You agreed to pay a certain amount for the car. You can't just decide not to pay the rest of the money if you find out you don't like something about it. The only two options you have are 1) ask him to take the car back and give you your money back or 2) pay the rest of the money and get the car to pass emissions yourself. As MADDSLOW pointed out, the buyer is responsible to make sure the vehicle is up to their standards before purchasing.

 

$500 dollars on the bill of sale sounds like tax evasion to me. that would hold up in court wouldn't it.

 

That doesn't make much sense...never put a lower amount than you paid on the BOS (or lower than the amount you sold it for). It's supposed to be a receipt for the transaction...for both sides. While DirkaDirka is clearly wrong with his thinking and actions, the OP may have screwed himself over by doing that.

 

not quite yet, anyways....

somewhere there is a record of the amount that was paid. Maybe he paid with a money order or bank check. Maybe there is a record of the deposit into the seller's bank account. There is most likely a record of it somewhere. Its just a matter of getting it. I dont imagine that too many people would be ignorant enough to accept that kind of money in cash and not make sure that they have some kind of written receipt copy.

 

money was cash receipt said sale was for 500 dollars. case closed. truthfully the deal was fine he got what car was worth, non smogged. if he has that big of a problem he can bring me to court. but i doubt he would have anything to prove...he was at fault. and if you all think different. thats fine. the sale was between me and him.

 

This post tells me you're a true scammer. I hope the motor blows up.

 

Well, I disagree. In my book you agreed to pay X amount of dollars for the vehicle. You have not done so, that is scamming to me. Failure to work this out with him will result in a permanent ban from this Club.

 

Take him to court....im sure he'll reconsider once the facts come out. Or he's going to be lying under oath. Then he'll have a whole new problem to deal with then. Or he could also have Roller on his *** from here on out!

 

To Dirkydirka.If you had paid the full amount and then found out you could not get the car to pass an emissions test would you have had any legal recourse to a refund of any amount.If not then it is obvious you legally owe him the rest.It's either one way or the other and not one of you make the rules as you go.Make sense?

 

Please forward all pm's to my box.