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Old 03-23-2012, 10:01 AM
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Ron in SoCal Ron in SoCal is offline
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Default Need your opinion re: returning a deposit on a car transaction

Hey Guys,

Need honest opinions here. Backstory is I recently sold a car that is in high demand - low mileage 1996 Porsche C4S. Found a buyer very quickly and executed a bill of sale on Mar 10. Received a $250 deposit via Paypal the day before. We had agreed on a $500 deposit, but Buyer stated that's all he had in his PPal account. Balance was to be paid via bank wire. Buyer stated daily that the wire was going out the next day for a week. Even had me re-send wire instructions twice. I had my banker on the look out for the wire every day. According to the Banker none was rejected. I gave the buyer various wire trace numbers he could use with his bank to determine where it went. I was never told what the results of the trace was, if ever conducted.

Buyer leaves the country. Sends me emails and texts from the UK but then drops off the map. This is after daily phone calls/emails prior. Last Friday, with no direct communication from him for a few days and no $$$, I send him an email to get in touch with me and let me know we are still on or I will move on. Still no communication from Buyer #1. Sell the car Sunday to the first guy that comes to look at it. Notify Buyer #1 it was a pleasure doing business but I have sold the car to someone else.

I should also mention Buyer #1 is a broker that sends these cars back to Germany as they have higher value there. I even spoke to his 'buyer' so I suspect he was 'floating' the transaction. I care not, as long as he pays me as we agreed.

Last Wed Buyer finally emails me back. Feathers ruffled. Totally confused on why I sold the car to someone else. Kind of comical at this point. This was after he dropped off the map for a week with no communication, even after my last note to him saying 'get in touch or I'm going to sell the car to someone else.'

I have email trails and text messages to back all this up.

He wants his $250 deposit back. I'm of two minds here. A deposit on a car is to hold it and consumate the deal. He did not execute. OTOH, I'm not into taking someone's $$$$, but everyone I speak with says his loss.

What say you??
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Ron in SoCal
69 Camaro in progress
https://lateral-g.net/forums/showthread.php4?t=31246

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