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  • Legal: Do I have some sort of case here?

    Ready for another one of my lengthy threads? lol.

    Ok so here's the deal: As some of you may have noticed, I'm selling my GTR for something I can insure/maintain for cheaper for at least the fall/winter months. I've had some interest but only one person has really come seen the car. Here's the story...

    Tuesday Sept 1st I receive a PM on here regarding my car. They leave their number and I immediately get in contact through texting. They live in the area and offered me $10,500 for my car at the time I was asking $11,000. I said that's fine, and we arranged a meet-up for the next day I believe it was.

    So Wednesday Sept 2nd, I am in the parking lot and they (to currently protect the identities, they will be Mr. P and Ms. A henceforth) show up soon after. They look the car over, I explain everything it has, what it needs, etc like the nice, honest seller I try to be, and Mr. P explains that he will be making this a project car for his wife Ms. A here. They decide to buy it, we depart and communicate that we'll finalize the sale soon.

    Thursday Sept 3rd after work, I take the car to Mr. P's shop so he can look it over himself and write up a safety certificate. No issues whatsoever so I leave for home. We decide to meet up Friday the 4th at 9am at the MTO in Cambridge. The plan was to meet up, go to the bank down the street, transfer the money over to me, go back to the MTO and register the car in their name and that sale is done. On my end, right after the sale, my friend would drive me to Mississauga to pick up the Subaru I decided on, register it etc and drive it to work in Kitchener by 1pm. I had set up and paid for insurance on this new Subaru and had everything 100% ready in my power.

    Friday Sept 4th I head out to the MTO and wait for my friend to show up. 9am rolls by so I text Ms. A and ask where she is. She said she'll now be there after 10am because she had to take her kids to her mom's or school or something... I say that's fine because she said this might happen.

    10am rolls around, still no show, so I text again. No response for a bit, but after a while I get a text saying she's setting up the insurance and signing the papers because it didn't go through the last day since they had to go through another company and wait for a quote (you know the RHD hassles lol). I say alright and my friend and I wait some more. During this time, the guy with the Subaru in Mississauga is emailing/calling me asking if I've left yet, as I said I'll be there for 11ish to make the deal. I try to keep him updated throughout.

    From what I understand, Mr. P is at work and Ms. A is doing all of this herself, as it will be in her name anyway. They were also getting the keys to their new house this day also at 7pm and they wanted the car beforehand.

    I get extremely vague texts of what is going on after about an hour and a half of zero communication. I'm confused as hell but I keep waiting while my friend is getting impatient and Mr. K waiting in Mississauga is also.

    Noon comes up and I still don't know what is going on. I've made phone calls but Ms. A does NOT pick up her cell. She says she's signing papers and will be there soon, so I continue to wait. More time goes on and I forget the reason but I said I can drop off the car at her new house if that helps her situation if I can just get the money so I can go get my new car. More nothing... and at 1pm I decide to call it quits, apologize to my friend for coming all the way here to sit for FOUR HOURS for no reason. I had to start work at 1:30pm so that's why I left.

    About 5 minutes after I leave, she says she's on her way with her friend with the money. I said I can't meet there as I have to go to work now in Kitchener (where she is from at the time... they were getting the new house in Cambridge that night), so she can just meet me there. She sends some nasty texts having to do with "well I'm in Cambridge now so why should I go there now" sort of thing... Women are always right, right?

    Anyway, I keep texting her while I'm at work, and she says that she'll bring a deposit to my work at around 7pm that is enough that I can pick up the Subaru, and we'll meet Saturday the 5th at 9am again to finalize the deal. That works for me so I wait... and wait... and wait... Work was busy as hell so I was there well after closing. I get a text around 10:45 saying she's "still at work"... so she's at work now? She works at a hospital and from what I understand, they have extremely erratic on-call etc hours so that's fine as long as they meet me in the morning this time...

    I update Mr. K, my seller in Mississauga of the plans, and he says it's ok but he's got stuff to do so I'd really have to be there around 11am this time. My friend agrees once again to meet up and wait with me and drive me to Mississauga after my car is sold.

    It's Saturday Sept 5th now, and I am at the MTO at 9am yet again, waiting. My friend tells me he's running late and will be there around 10am. I say that's fine, and if they don't show up, we'll go drop a deposit off on the car anyway to secure my buying position.

    9:30am I am sitting in the MTO with a phonebook, trying to decipher the last name of Ms. A from her voicemail (when they say their name and then it says they're unavailable; her mailbox was full so I couldn't leave a message and she wasn't picking up her phone again otherwise) so I could call her house. I remember they changed houses, so my search was pointless anyway. I call Mr. P's work, and they're not open so I couldn't get any info from there either. I leave an imperative PM on Mr. P's account on here (the only time he's logged on, to this day, was when I got the PM). They never showed up so a bit after 10am we head to Toronto to look at a BMW for him and drop off the deposit on the Subaru.

    Mr. K and I make a receipt of $500 for a deposit, and just for formalities, we fill out the form stating that if this deal doesn't go through in 14 days, I lose priority and if the car sells, I lose $325 of the deposit to pay for what I told him to put on the car (needed tires and safety certificate). I knew this deal would easily go through because they have insurance on my car etc so I was expecting early in the week to have my car sold and pay off Mr. K and take the car.

    Sunday, Monday come and go and I've still heard NOTHING from either Mr. P or Ms. A. I called Mr. P's shop Monday since they were open now, but it was his day off, they didn't have his new house number, so I just left a message asking for Mr. P to call me back Tuesday morning then.

    Tuesday morning now and I haven't gotten a call by the time I finished school at 1pm, so I call back and I finally get to talk to Mr. P! I express my concern about no one getting back to me but I understand it must've been a hectic weekend with the new house and moving and all, so I just want to make sure they're still buying the car and he says they are, but his wife Ms. A is supposed to be taking care of this so I should talk to her again.

    I get a hold of Ms. A via text finally on Wednesday Sept 9th (unconfirmed until I can double check). She says she'll drop off the deposit that night while I'm at work in Kitchener again. I make her promise and she said she'll be there until she "runs into a bathtub" (stupid joke.. something to do with she hit a sink with her van wtf?? I'm scared to sell my GTR to this person..). Anyway, I'm waiting at work, and she doesn't show up, so she CALLS (gasp!) me and says that she's just going to bring me the full amount because these certified cheques cost money and she'd might as well just do it once. She says that she's going to drop her kid off at school at 9:30am on Thursday Sept 10th, as it's right down the street from my college. I say I can meet then because I have no class between 9am-10am, and I'll just get my friend to drive me down to pick up the Subaru that day. Sounds cool. I'm excited.

    Thursday Sept 10th.
    I finish class and I go to the Tim Horton's across from my college where we're supposed to meet. 9:30am on my watch, so I make a text. She says her mom is taking the kids to school now, and she's waiting for her friend to drive her. It's her friend's only day off, so she wanted to sleep in a bit. Ok that's understandable.. So I agree to meet at 10am and I'd be skipping class, but I was willing to make the sacrifice..

    10am goes by... she says her friend is still getting ready... I say ok.. she tells me she's on Street X which is close to my school, so I drive there as I thought it'd be easier for her.

    This is where the real fun starts.

    I'm waiting at the new agreed-upon meeting place at the gas station near the street. She says she'll be there in 10 minutes.

    10 minutes go by and she's not there. Apparently her friend is now dying her hair. WTF. I HATE WOMEN.

    I drive onto the actual street and park on the edge of a school's parking lot and try calling her. She picks up after some effort on my part, and I say "I'm on the street you said your friend is on. Can I get the house number so I can come over, pick up the cheque, sign over the ownership and leave the car with you?" She says no. She's waiting for her friend to drive her.

    I really don't know what the hell is going on, yet again, like on Friday morning, but I persist.

    ~10:30am
    Something along the lines of she's at her friend's house, waiting for her other friend who is dying her hair somewhere on the other side of Cambridge to come with the van that has the car seats for her babies. She said she can't take the car because she doesn't have baby seats and safety is her first concern. I think that's the only understandable point she made this whole time.


    ******CONTINUED IN BELOW POST***********

  • #2
    continued from previous

    ~11:30am.
    She keeps giving me these stupid reasons why I can't go to the house she's at to talk in person, and she starts to get really pissed off at me. She tells me to go back to my college like we agreed and I can just wait another 15 minutes for her friend to come get her. Any reasonable effort I make is thwarted by her and I'm at her mercy because I'm the seller right? I enforce that I NEED THE MONEY IN MY HANDS so I can tell Mr. K with the Subaru to wait for me to show up, and that I can be 100% on me going down there. I wasn't about to make another promise if I didn't have the money in my hands. Sounds fair, right? I said I'd leave the car wherever the hell she wants, sign over the ownership and pick up the cheque and I'd walk wherever; I really didn't care about anything except getting the cheque/Subaru at this point.


    She starts making threats that she'll just buy another car if I don't cooperate... So whatever... I go back to the Tim Horton's parking lot and sit and wait some more.

    12pm.. 1pm.. 2pm...
    During this time, I'm sitting on my ass some more in the friggin hot parking lot waiting for this friggin woman. I get texts like "she said she'll be here in 10 minutes", "she'll be here in 15 now", "she's leaving soon", "she is on her way", "we are leaving now!", etc.... After an hour, I make more calls that she doesn't pick up, and I leave texts wondering where the hell she is. At one point she said she was stuck in traffic but was close. A bunch of crap like that... multiple silent periods go by like the Friday before and now I'm starting to FINALLY get IMPATIENT AS ****. I'm patient like crazy and I was seriously testing with these damn people... I call Mr. P at his work and I asked where his wife was because she said she'd meet me HOURS ago. He's kinda annoyed at me for calling him all these times because it's his wife's deal and not his anymore. I'm also calling him at work so that's even more annoying, right?

    So after a couple hours, I get a text from Ms. A saying she's just down the street and will be there in 5 minutes. YAYYYY FINALLY!

    Another hour goes by, with no surprise, and she hasn't shown up. At this point I'm comforting myself with a McFlurry and a Jr. Chicken from the McD's right next to the Tim Horton's and feeling ill... I made another call to Mr. P at the shop and he actually sounds concerned for my situation! He said I should go home instead of waiting and tells me to call back around 5 when he's off work and we'd talk then.

    Before I was able to leave, I get another text saying "ok I got my son now" right after I get off the phone with Mr. P. My god. Really? Why can't you get my car first?

    I call multiple times in a row now after another hour of silence from her, and after a few minutes I get a nice text that went something like:

    "it was parent-teacher night! you can't call me five times in a row! that's considered harassment! if you don't want to wait for me, then leave! obviously you don't want to sell your car very badly"

    This REALLY set me off. HOW THE **** DO I NOT WANT TO SELL MY CAR?!!??!?! I'VE BEEN SITTING FOR ABOUT 8H IN A GOD DAMN PARKING LOT THIS DAY ALONE. I'VE SKIPPED ALL BUT MY MORNING CLASSES WAITING FOR THIS MS. A AND I'VE AGREED TO EVERY ONE OF HER TERMS. ARE YOU FREAKING KIDDING ME!?!?!?

    So a few minutes of silence later and I get a text saying "we're by park x." I do a little google mappage on my phone and it says it's like 4 minutes from my location, literally down the street. I text so am I going "there or are you coming here?" she says "there." ok semantics fail due to two places referenced and she was at neither.. ok nvm.. anyway.. I had to reiterate what she meant and she says "across from your school." so I wait some more.

    I call Mr. P at EXACTLY 5pm (you know, because there's nothing better to do than make time-accurate execution when you're sitting in a car doing nothing) and he's already left... great... I wanted to ask him where his house is and a number I can contact HIM with...

    At 6pm I finally leave the parking lot as I've had enough.

    9am-1pm Friday = 4h parking lot
    1pm-11pm Friday = 10h at work
    9am-10am Saturday = 1h parking lot
    4pm-10pm Wednesday = 6h at work
    9am-6pm Friday = 9h in parking lot
    GRAND TOTAL = 14h sitting in a parking lot + 16h waiting at work = 30h waiting time in 4 days worth.

    After work#1, I personally went to his shop again to talk with him face-to-face. More annoyed than ever, he called his wife Ms. A and I didn't really hear it but there were some swears and stuff lol. He got off the phone and said "she doesn't want the car now until you have the parts" (I am including water pump, timing belt, bearings etc with my sale and they didn't come yet). He also said she still should've picked up the car anyway and he tried calling her back over and over and over and he was getting REALLY pissed at her lol. He told me to text her and tell her to call him at work, and he'd call me back when he'd figure out what was going on. I told him I'd prefer to deal with HIM because his wife was being completely uncooperative (which was "really unlike Ms. A" apparently..).

    I heard nothing from them on the weekend. On Monday, Mr. P was off again so I had to call Tuesday. I was continuing training at my 6:30am-2:30pm this week so I missed school, so I called after I got out of work Tuesday morning. This is what the convo kinda went like.

    "Hey, Mr. P?"
    "Yeah?"
    "It's Chris with the GTR. Can you tell me what's going on?"
    "What do you mean."
    "Well you said you'd call me back and you didn't. Are you still buying my car?"
    "No."
    "Uh, ok?"
    "Yeah, bye."
    *click*

    Days pass, Mr. K is getting really impatient, and I'm kinda pissed but thankful that I don't have to deal with these people anymore.

    Last Wednesday Sept 23rd, I email Mr. K and tell him I'm still interested. He emails me back saying my car had sold, as it was his wife's car, she got sick of waiting, and sold it while he was out of town. I was refunded $175 of my $500 deposit due to the "formality" that turned out to be "legality" of a $325 non-refundable deposit portion. Basically, I had purchased the safety and tires for the buyer of the car that I wanted... Great...

    Soooo I lost:
    - $325 on a deposit (I gained absolutely nothing)
    - $362 for another month of insurance on my GTR (a car I shouldn't even own anymore)
    - Almost $384 for a two-month payment on the insurance for the Subaru (a car I never even owned. Luckily, when I called, they said they'd refund me the full amount.)
    - $325+ for the parts and shipping from Japan they wanted with the car.
    - Another $300 because the car I wanted to buy is up for sale again (the guy that bought it is getting his friend's car now).
    = well over $1000 out of my pocket just because this agreement didn't go through, PLUS ~30h of my time wasted.

    I'm a college student with a GTR. I'm broke. The point of me selling my car is to save hundreds per month. Instead, I lost over $1000 for basically NOTHING. They wanted the car before they moved in, so they made me agree to sell it Friday Sept 4th. This was the only day I was free to buy my college parking pass, textbooks, get my student card etc etc etc but I sacrificed this for the car sale. I now have the WORST parking lot in my school for my classroom area. I have to walk across SIX parking lots just to get to my school, and then I have to walk across the whole campus to get to the business wing which is six wings over also.

    The car I wanted also sold. For some magical reason, it's back up for sale now, and my dad's giving me a loan (thank god) to pick it up, but he paid $300 more than I was going to (because of the tires + safety added...), so he won't sell it for less than what he paid for it a week ago or else he's going to sell it for more to someone else, so essentially, I have to pay for my tires and safety TWICE on top of the car's original price = ~$625 more than I was supposed to spend on it.

    So what I'm asking you guys is:
    Do I have a case here to get my time/money reimbursed? Can I essentially sue Mr. P and Ms. A in small claims court?

    Thanks guys. Any/all advice is MUCH appreciated. I have absolutely no law knowledge.

    Evidence-wise, I understand there was no WRITTEN contract (I had a receipt form to fill out similar to what I did with the Subaru, but she never showed up), but there is a large paper trail including the insurance they got for the car, the certified cheque they got from the bank.. it all points to my car sale.

    I have witnesses (the Subaru-seller, my friend who waited for me, my parents, etc etc) that will testify that there was indeed an agreement and I'm not the only one that lost here. My friend's time was wasted, Mr. K's time was wasted, and I'm really hoping these people will pay up their dues.

    A reward may be in order if info provided works out!

    PMs would be ok if you consider it private, but I'm looking for a public discussion on this matter on the forums here since we have had legal issues in the past and I'm hoping I can be helped also.

    Thanks a crapload. I'll keep everyone updated.

    Chris.

    Comment


    • #3
      Technically they broke a verbal contract... From what I understand you could sue, if you can in fact prove that the above happened. With civil suits you just have to prove that it is more likely than not that this actually took place, versus criminal where you have to prove beyond a reasonable doubt, so it's easier in your situation.

      The problem is you do not have any witnesses that met the couple with you. You also do not have proof that this certified cheque was ever really written up.

      All in all you could be reimbursed for damages (the costs you incurred, and costs of suing) but keep in mind if this doesn't end in your favor, then you're out more money for the lawsuit.

      You're in business.... so you should be required to take a commercial law class which includes contracts and transfers of real property. If you talk to your prof, or potential/past prof, they may be able to give you some useful advice on the situation as a lot of them are lawyers as a day job...

      I just took the class. I'm in another class now so I quickly skimmed through what you wrote. I will analyze it closer when I get a chance later and outline what exactly BOTH of you did wrong.

      For future reference, when leaving a deposit on the next car, always, ALWAYS make it conditional on the successful sale of your current vehicle. IF you included this, you can go after Mr. K for the portion of the deposit you lost.
      DISCLAIMER: If any of the above comments in this post hurt your feelings you are likely taking me too seriously; I'm probably just busting your balls. If you're unsure, feel free to PM me and we can discuss the matter privately, as to not pull the thread OT.

      Comment


      • #4
        The case is in your court buddy, you can and should SUE... there is no doubt in my mind that you will win. I had a similar incident a year back, and I was fully reimbursed after going to court.
        135
        ├┼┼╕
        246R 見渡せば 花も紅葉も なかりけり 浦のとまやの 秋の夕ぐれ

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        • #5
          I have nothing helpful to say..

          People are idiots.. people meet me on my terms or GTFO.. I dont have time for the fricken waiting like you did.. I have done something like that a couple times.. never again..

          Best of luck man
          ________________
          FVI Fo Life
          Imports are more then a Fad, they are a Life Style
          Originally posted by JZ
          Agreed. Good to have you here Ben
          _________________

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          • #6
            Originally posted by dah_hunter View Post
            I have nothing helpful to say..

            People are idiots.. people meet me on my terms or GTFO.. I dont have time for the fricken waiting like you did.. I have done something like that a couple times.. never again..

            Best of luck man
            I wouldn't have done all this waiting if I had more people willing to pay over 4 grand.. I'm also moderately desperate to sell..

            Comment


            • #7
              Make a copy of all the Texts you have... at what time they were sent and receive. and talk to a lawyer

              MONEY

              Man you went thru ALOT of sheeit for that sale, that never did go thru. Hope you get back some of the money you lost there.
              Marc-André
              _________
              2.2L RB20 GTS-T
              ECU modification enabled - PM me for details

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              • #8
                Thats terrible, remember your selling but never rush to sell. When i was selling my gts t i had alot of that, one i drove to yorkdale mall from mississauga and kept chasing people from phone calls and eventually gave up on them. When I sold my GTR it needed coil packs the buyer wanted me to order them for them and safety and e-test the car, I said I would safety and e-test but require a 200 dollar deposit before i would lift a finger and they were cool with it and once there coil packs came in i dropped them off,now because of some troubles i could not get a safety (mechanic out of town) and the e-test I got the drive test guy put the wrong vin down and it would not go through. But they were cool about it so it was not big deal. But serve them with a supena, ask to settle out of court for a lower amount if they refuse then sue
                You can't doubt the existance of hell when you live in it

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                • #9
                  Never buy something when you're using money you don't have (till your car sells) so to speak. This won't hold up in court.... sorry to hear bud..
                  Black 1991 GTR. Serious garage stand mantle/parts car.
                  Black 1990 Pulsar GTiR. Sold
                  Silver 1989 GTR. Sold
                  Black 2010 Subaru WRX. Weekend warrior. Sold.
                  Black 2013 F-150 FX4 ecoboost. Daily driver.
                  White 2012 Ford Explorer Limited. Family wagon.

                  Sorry for my offensive comments, I r socially retard.

                  start by having A ROLLING GTR then we talk u ******* mofo funzy little *****
                  lol

                  Comment


                  • #10
                    damn man, you have a lot of patience. i would have called it quits so early on. i'm a university student myself, so i feel your pain. I say sue them...only drawback is that it'll probably take more time out of your busy schedule. good luck man.

                    Comment


                    • #11
                      Lets be serious here.... you shouldnt have gone outta yer way like that... to think of sueing because of waiting and having to pay insurance for another month..... whats the world comming too.......? I hate to say it but I wouldnt have ever even admitted to waiting like that... tradgic.
                      I Love The HKS GTRS SHUFFLE

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                      • #12
                        That is f***ing brutal.

                        I can't believe how you'd bend over so much for them and the attitudes of some car-buying people nowadays.

                        Absolutely ridiculous. Tough lesson learnt.
                        R32 Parts For Sale!

                        forums.gtrcanada.com/members-marketplace/t-fs-bodykits-and-body-parts-42653.html

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                        • #13
                          dude it sucks you had to go through this ordeal, but with all the time you will spend at the lawyer's office, legal fees, court cost, chasing down you mr. p and ms. a, not worth your time. I understand that your a student and all, but its not enough money to make it worth it. best case scenario, judge sides with you and you maybe get 1000 +-, and it will take weeks to sort out and a lot of headache.

                          I had a similar situation last year when i painted a client's whole basement suite. I made about 9 trips to get my money after the job, which the owner confirmed i was going to get payed and i never got anything. i was out about 1500 and the lawyer i went to said he is not going to look at my case cause its such a small amount of money. he wanted to charge me 150 per hour just to look at my case. i got over this incident, but it was a painful bullet to swallow that's for sure


                          R33 Skyline GTR VSPEC (White)
                          R32 Skyline GTS-T (Ztune Silver) - Sold

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                          • #14
                            Originally posted by victoriaGTR View Post
                            Lets be serious here.... you shouldnt have gone outta yer way like that... to think of sueing because of waiting and having to pay insurance for another month..... whats the world comming too.......? I hate to say it but I wouldnt have ever even admitted to waiting like that... tradgic.
                            You mean coming, and tragic. And I'm sure it's not the insurance that he's mad about.
                            135
                            ├┼┼╕
                            246R 見渡せば 花も紅葉も なかりけり 浦のとまやの 秋の夕ぐれ

                            Comment


                            • #15
                              Tough lessons Chris, but it's time to cut your losses and move on.

                              I'd pay money to never see or hear from your buyers ever again!

                              GL,
                              Dan
                              sigpic
                              The Beaumont Connection

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