ok keep this short i done a deal for a rolling chassic agreed the price and a price for the other party to meet me at the ferry so i booked boat and
next day the fella sent me an email to say that he is selling the car to someone else for more more money and said sorry
so i emailed him back to say no chance i have a witten agrement to say that he was selling the car to me ie
email agreeing price
so what can i do he starting makeing excuses that he cant get a trailer now so i have said i would go and lift the car and thats last i heard
jonny
Sorry to say that although you've got something in writing he really doesn't have to sell it to you, however that said I believe that he
should do the honourable thing and sell it to you if an agreement has been made, if not and its already been sold then he should offer to pay for any
expenses that you're out of pocket by.
Probably not what you want to hear and and I'm sorry that you've been messed about, its certainly not nice but there is worse things in life
to worry about, the karma police will get him in the end!
Take it easy
Rich
Have to agree, go and have a beer, and curse the seller, and move on
The right one will turn up, and be better !!
Doesnt his agreement constitute a legal agreement as it is written down if I understand you correctly? If thats the case anyone could get out of an agreement if someone else ups the bid after the first buyer agrees a price with the seller. Why not go to the Citizens Advice Bureau or your local Legal Advice office?
Yes, sadly cut your losses.
Tell yourself it was not meant to be
if no money has changed hands then I suggest you walk away. I wouldn't want to be dealing with someone with that attitude.
Whether theres anything you can do or not... What's the point, it would take far too much effort to get the car so walk away.
i had the same thing with a different car.
Had agreed the price and sale and i told him when i'd be there to pick it up.
He gave me a call "out of courtesy" the night before to tell me he'd sold it to someone else for more. I then presceded to go a bit
mental at him as i'd already sorted stuff to afford it. He then just said sorry and hung up. He called back 30 mins later saying that he felt
bad about it and the car was mine again.
I then told him where to shove it as i didn't want to do business with someone like him. He then told me he'd already told the other guy
no, but i figured it wasn't meant to be, and now i have a 7 instead!
So take it as an omen....
Don't think you have any rights to the car, but if you've booked a boat from NI to mainland or whatever that's not refundable, then provided you've got written agreement from him to sell the car to you you should at least be able to reclaim the nonrefundable costs from him, whether that be by mutual agreement or small claims. Assuming that you're "reasonably out of pocket" for what you've booked based on your agreement.
quote:
Originally posted by gingerprince
Don't think you have any rights to the car, but if you've booked a boat from NI to mainland or whatever that's not refundable, then provided you've got written agreement from him to sell the car to you you should at least be able to reclaim the nonrefundable costs from him, whether that be by mutual agreement or small claims. Assuming that you're "reasonably out of pocket" for what you've booked based on your agreement.
ouch!!!
That's one thing with ebay at least you have a legally binding contract . Sad to say all you have is his word against yours. Can't blame you
for being angry but it won't help
An oral agreement to purchase a car is as binding as any other agreement. If that agreement is evidenced by an exchange of e-mails then there ought to
be no difficulty proving its existence but if the car has been sold and delivered to a third party you will not obtain "specific
performance" that is an order that he complete the sale. You will be left with a claim for damages and unless the car was a bargain that will be
just your wasted costs - no sane person would go near a court for such a small sum its not worth it - chances are the case would be on the
mainland!
NB insofar as this contains legal advice it is not meant to be relied upon etc etc
hi well the boat was £340 for van and trailer and one passenger quite a lot of money and realy pissed off
Depending on the wording in the email, you have a contract in law, the fact the you paid for transport after an agreement to collect the goods with
payment on collection, and the the seller tried to cancel the contract, stating that he had sold it for moe, entitles you to compensation for your
losses.
Small claims court is the route to go and as long as your email trail shows an agreement to sell by the seller, to buy by you, the agreement to meet
to exchange goods for money then you have a contract.
Sue him or ge will do it again
quote:
Originally posted by gingerprince
Don't think you have any rights to the car, but if you've booked a boat from NI to mainland or whatever that's not refundable, then provided you've got written agreement from him to sell the car to you you should at least be able to reclaim the nonrefundable costs from him, whether that be by mutual agreement or small claims. Assuming that you're "reasonably out of pocket" for what you've booked based on your agreement.
If you've
got it in e-mail then he's in breach. You could certainly sue him but you will need to invest £25 to start a money claim online. The thing is, if he doesn't pay and makes you take it to court, the question will arise as to whether or not for you to invest £340 in boat and trailer (and for him to be aware of that), is reasonable and it I was the judge I doubt I would agree with you.
only one thing is that i dont have his address only phone number and email addy
[Edited on 5/1/11 by joni]