deposit cashed on a supercar

[black69]

I recently placed a deposit on a supercar and the guy cashed the check. The check has the description of the super rare car and now he is selling it to someone else (a top 10 muscle car heavy weight) and has yet to cash the cashiers check for the complete balance on the car (yet he cashed my deposit). Does anyone think I have valid recourse on getting the car? He wants me to take my check back (after talking to his lawyer). Think ZL1 L88 type category, think 1 of 1 category. any advice on anyone being in this position or lawyers appreciated. We had a deal, he cashed my check, now some big dollar heavyweight is trying to steal the car from under me. bob

[Stefano]

That sucks!

[COPO]

What do you have in writing? I would talk to YOUR attorney QUICK!

[Don_Lightfoot]

Man, I hate to hear stories like this. Whatever happened to seller's commitment and integrity? The almighty dollar just turns some people into disgusting, greedy animals.

Did you have any kind of written agreement in place? Was it strictly a verbal agreement? Was it an Ebay-type sale that might have a confirmation?

I sincerely hope this gets worked out and you get the car.

[MosportGreen66]

Go the guys house with a truck and trailer and get that car. If not, threaten with your lawyer. That is about all you can do. This happened to me just months ago and I was unsuccessful in getting the car. I have half the money back and working on the other half. What a shame. This is a negative side of the hobby! Crooks.

edit... if you have a signed contract and he neglects to fulfill his end of the contract than he is in violation of specific performance. Call you laywer!

[69LM1]

Not a lawyer, nor do I represent one on TV, but, I agree, that sucks. By any reasonable standard, cashing the deposit means the car was sold.

For the kind of dough you're talkin about, and depending on how bad you want that particular car, hire a contract attorney.

FWIW, one piece of advice that I do have is that you get a local attorney, the best you can afford, where the sellers based out of. Nothing worse than having your local attorney then have to get local to the suit representation for you, and then have THAT lawyer have to come up to speed on your case, at your expense of course. Just skip a step and go straight to the local attorney.

Good Luck,

Rich

[Charley Lillard]

I think the fact that he cashed your check and you had noted on the check what it was for gives you a very strong case. Spend the money on a attorney if you really want the car.

[black69]

I think I have a case, I do not have a lawyer though, need to find one that specializes in cases like this. Something is up because he wants me to take back a refund and cash it. If I take back my deposit, then I effectively walked away from the deal. I read once about a guy cashing a deposit on a rare mopar convert and 1 yr or so later the court made it go to the guy that made the deposit (the fact that he cashed the check consimated a deal). The check itself is my main contract I have(it has the serial number and description of car, and is described clearly as a deposit on such, it was not a basic check). I had the sending bank and receiving bank notarize the check after this all happened. I have voice mails and phone records. This car is well in the 6 figures, and was not to have been built. It has not left his premises yet either. I can use any help, but going there with a trailer ain't gonna work. Need a good musclecar lawyer or advice on whether I am truely screwed.

[Bill Pritchard]

Paging Lynn........Paging Lynn...........

Seriously, I doubt that you're screwed. You need to really decide if the car is worth the hassle it's gonna be to get it. But if you really, really want it, and are willing to have it take some time, get a lawyer...and the sooner, the better.

[Stuart Adams]

If you have a friend in town that is a policeman to get in touch with him wouldn't hurt either.

That blows, not cool.