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. http://www.yenko.net/ubbthreads/images/graemlins/smirk.gif

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........... http://www.yenko.net/ubbthreads/images/graemlins/scholar.gif

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.

[Xplantdad]

The 'craphole' side of the hobby...good luck!

[MosportGreen66]

Brian Shook is a member here and muscle car guy. Contact him!

[COPO]

All you need is a strong local attorney that has contract law experience. I don't think he needs to know squat about cars. I do think that you should move quickly if you want the car.

[rich p]

You have a great case on your hand !! He cashed your check, he done's and could owe you three times the amount if he sells the car to someone else. Need to prove its worth to a lawyer.
Sorry to hear this !!

[BUIZILLA]

[ QUOTE ]
You have a great case on your hand !! He cashed your check, he done's and could owe you three times the amount if he sells the car to someone else. Need to prove its worth to a lawyer.
Sorry to hear this !!

[/ QUOTE ]In Florida Rich is right, especially about the triple award, however another state might be another issue... on the outside chance he is working another deal, after he cashed your check, then he's guilty of a felony for selling the same car twice if he cashed the other deposit check...that's jail time if he doesn't consumate the deal with you. It doesn't matter if it's a car, boat, plane, tonka toy, Barbie doll or real estate, it's REAL property. Very smart of you to do the addnedum notes on the check... go after it, I would, and he will be forced (depending on the state) to pay any and all court costs and legal fee's on both sides of the argument.

JH

[YENKO DEUCE REGISTRY]

Contact Bruce Shaw Esq. who specializes in classic car legal issues, he will be give you your next step: 215-657-2377.

[PeteLeathersac]

As I always understood things, a verbal contract especially w/ documents to support it is VERY strong...unless a written one was done after it which would then make the verbal one dead! .

If you really want the car, it's HAMMERTIME!!! .
Get a Lawyer on it NOW...review the deal and if there's a provision for a closing date, proceed as so! .
I'd consider giving (in writing) the seller ONE opportunity of completing the deal without laying legal costs on him...but stating he will be responsible for legals costs and more if he choses to not close the deal or make his intensions to proceed clearly known immediately! .

Best of luck!!! .

~ Pete
http://www.yenko.net/ubbthreads/images/graemlins/beers.gif

[x Baldwin Motion]

If the seller cashed a deposit check, that seems to acknowledge a deal, written or verbal. I am not a lawyer but I did stay at a Holiday Inn last year.

send cousin Vinnie to get the car.

[PPPJJJFFF]

As already stated. He cashed the check. Go get that car!!!!!!!!!!!!!!!!! http://www.yenko.net/ubbthreads/images/graemlins/mad.gif

Patrick

[396L35]

[ QUOTE ]
As already stated. He cashed the check. Go get that car!!!!!!!!!!!!!!!!! http://www.yenko.net/ubbthreads/images/graemlins/mad.gif

Patrick

[/ QUOTE ]
I have a car trailer ready to go.... Lets get the car and bring some heat if there is trouble... http://www.yenko.net/ubbthreads/images/graemlins/beers.gif

[SuperNovaSS]

I would go straight to the lawyer ad not write him a letter first. Unless you know legal jargin you may unknowing mess something up in the letter. Get that car so you can tell us what it is http://www.yenko.net/ubbthreads/images/graemlins/smile.gif.


Jason

[quick-bowtie]

Welcome to the car world!! I feel for you that has happened to me a few times. Its sucks that the almighty dollar is worth more to some people than there own name. If all else fails tell the guy you'll back out for an extra 10k if he is making more money why shouldnt you get paid for you time and the b.s. that you went through or threaten to run his name through the mud! I just had a deal a few months ago on a car I was selling.. It sold the same day I advertised it for my asking price and later that night I had another guy offering me 30k more for the car..well my word is my word and the first guy got the car and it was my fault for not knowing the true value. To bad everyone doesnt think that way.

[PPPJJJFFF]

[ QUOTE ]
[ QUOTE ]
As already stated. He cashed the check. Go get that car!!!!!!!!!!!!!!!!! http://www.yenko.net/ubbthreads/images/graemlins/mad.gif

Patrick

[/ QUOTE ]
I have a car trailer ready to go.... Lets get the car and bring some heat if there is trouble... http://www.yenko.net/ubbthreads/images/graemlins/beers.gif

[/ QUOTE ]

I'm in! http://www.yenko.net/ubbthreads/images/graemlins/naughty.gif

Patrick

[P.J.]

speaking about names, how about telling us who he is
PJ

[69motion]

That sux i hope u get the car i hope someone on this board isnt trying to steal the car it wouldnt be the first time

[njsteve]

Free legal advice isn't worth the money you paid for it.

Call the lawyer NOW and dont waste any more time posting here til you get some actual legal assistance. Time is of the essense. (that's my free legal advice as an attorney)

[HEMIBEE]

call Brian Shook he is a member and a stand up guy
717-975-2753 is his number Rich

[WILMASBOYL78]

www.357magnumlaw.com (http://www.357magnumlaw.com)

wilma http://www.yenko.net/ubbthreads/images/graemlins/flag.gif

[black69]

I respect all the help. I talked with Bruce and I think I have a chance. Time for a $100 donation to sYc now, once my wife tells me what our pay pal password is. Many thanks to all. Bob.

[JIM]

Hi; Unfortunately this is the down side to this hobby, especialy when rare cars are involved. I had had two battles I'll decribe here. We bought a restored 57 Chevy convertible recently , paid for it in full. It was raining and we opted to wat until the next clear day to pick the car up on the rollback. We paid for it in full and clearly noted the vin number complete and purchase price and paid for in full on the memo . The title was given to us and away we went, this was friday. He was not available on the weekend to obtain the car. On monday we called to pick the car, at that point we were told that he was not available . Tuesday he called saying that he changed his mind and wanted to keep the car. Hemmings came out over the weekend just to note and the car was advertised in there. he had not cashed the check at that point and we had applied for the title change on Monday. He dupped the title on that same day, Nice. Quick call to Our Lawyer and the a call to Bruce Shaw as well. two months later in court we obtained the car and he had to pay the lawyers fees Because. A Check is a contract, if you surerender the title signed and take the payment regardless if it cashed or not it is a valid contract.
This one isn't so good I bought a 67 Z-28 thru a second party ,the owner was now located in flordia. The deal was struck and I sent a rollback . When my rollback arrived to pick the car up he was informed that the car was sold to another person. That person was the same person that I had asked about 15x6 ralleys, the same person that sat across my desk just an hour before and said He wouldn't step on my feet he didn't realize it was me who had bought the car. I contacted the owner an He told me another party had contacted him today and offered more money,but He wanted to give Me an oppertunity to buy the car for more. I raised my offer by a couple of thousand and He told me go get the car. I drove 30 miles to meet my rollback to insure pickup. when I got there it was already loaded on the other persons truck. Words exchanged and I stated that I was the ownerand unload the car. By the time the police responde He left across a 4 lane highway without tieing the car down just the winch holding it. The next day the wire transfer had posted the owner met Dave Murray of classic cars of Tampa and filled out a complete bill of sale and surrenderd the title to him. Dave next dayed the title because the police said I need the bill of sale and the title to show ownership. 1st trip to the Police yeilded the bill of sale not official because it wasn't Notorized. The owner this time went to Golden Classics in Clearwater where He lived and they filled out a Notorized bill of sale and next dayed it to me. Trip 2 to the police resulted in they would not fill out a stolen car report because the title was not in my name. meanwhile the car had been transported out of state and put into hiding. a quick trip to DMV and the title was in my name, Trip 3 to the police with the title, bill of sale, wire trnasfer papers, bank proofs, etc. this time they called the person who took , they said they owned it and I had bought out from under them. Because it was now out of state the police said it was now a Civil Matter. Trip to magistate , they said it wasn't in their juristiction and had no authority in Pa. Meanwhile the car was sold to a Pa. state trooper who collects camaro's. I contacted him and was told I will gladly pay You for the car but I'm keeping it. I contacted Bruce Shaw to do a Replevin, he wanted 3500.00 as a retainer and would proceed from there. 4 Months later and No car No Money and alot of wasted time I ran into the person who now had the car that I owned. I wound up selling the car (title) to him just to end the BS. So lesson learned Possesion is 9/10th's of the Law. Took the lumps and bought something else. several of the members here know this story well and kept it hush thankfully. You win some You lose some. http://www.yenko.net/ubbthreads/images/graemlins/scholar.gif

Jim http://www.yenko.net/ubbthreads/images/graemlins/3gears.gif

[AutoInsane]

For additional information you may want to get in contact with the lawyer who writes the "Legal Files" for Sports Car market, John Draneas. He writes a car related legal article every month. He might be able to give some advice.

SCM's phone number: 877.219.2605
General Email: [email protected]

[billj]

WOW.........Makes me want to go out and pat my 85 Z on the hood...NO one wants those cars!!!.. http://www.yenko.net/ubbthreads/images/graemlins/tongue.gif http://www.yenko.net/ubbthreads/images/graemlins/dunno.gif...........BILL

[Zedder]

Jim, is the '67 Z in question Red and the owner's initials DV? If so, the car may be for sale again.

[Donutblue]

I'm sure most here would hold true to their orignal agreement or "Handshake". However when your dealing with some large amounts of money in this hobby it's best to always take extra precautions, and that means using the law to your advantage. Contracts are great and if the state you live in allow's it, taped conversations can put the nail in the coffin when you got to Court.Always make sure you have fresh batteries when ya head out, and be careful of your conversations that don't pertain to the issue. http://www.yenko.net/ubbthreads/images/graemlins/naughty.gif

[JIM]

Zedder; Your batting 500 PM me Jim