What's fair?

[Willowbilly3]

This is kinda long so bear with me. I need to know how you would feel if you was this guy.
In June of 2008 ( or there abouts) I sold a guy from Canada a 38 Ford. I agreed that storing it for a while wasn't a problem. No specific time was stated for the free storage but I told hime something like 6 months or so. In November he called and said he was coming after it. then a couple days later said he couldn't because a winter storm had blown in (understandable) Then I didn't hear from him again and after a year, I needed to get the car moved since I don't own the place I live. I thought about it a lot and decided the fair thing to do was have it sent to a local towing yard where he had an impound yard. That way if the buyer did show up he could pay the storage and get the car. 10 more months go by with no contact and I had lost the guys contact info before I ever had it towed. The owner of the yard told me I could have it back if I wanted for the 2 tows and $50 a month for the 10 months he had it. A fair price. So I had him bring it back yesterday and paid him cash. I planned to resell it, that's a lot of money out of my pocket.
Well, guess what. this morning I had a message on the board I sold it on, from the buyer. He doesn't want it anymore and wants to sell it. In almost 2 years, the only 2 times he contacted me was to tell me was coming the next weekend then to tell me he wasn't. If he would have kept in touch, I would have found a place at the ranch and moved the car for him. I offered for him to pay what I paid the towing company, with no extra, and to help him sell it, but I needed my money out of it.
What's fair in a screwed up deal like this?

 

[HOT40ROD]

First did he pay you for the car?

I had it happen once. Sold the car. The guy kept putting off pick up the car. finally told him he had 5 days to pick up the car or I will put it on the street. 5 days went by So I went to the police station and told them that the car was going to be on street and gave them the guys name and address. A week later the police tow it.

 

[donsrods]

You're right, this deal is screwed up, and it started when you open endedly offered to store it with no problems "for a while." Not busting your chops, just being honest. Deals like this rarely go well because there are no time frames or conditions laid down (in writing).

You kinda have a mess on your hands, and not sure how it would shake out if it ever went to court. I guess the best thing you can do now is to try to make the best of it but coming to some reasonable agreement with the buyer, and insisting that this be wrapped up immediately.

We've all done dumb things like this, I know I have, and we learn something about contracts and human nature every time we do. Like the Judges on TV say, "even writing something down with crayon on toilet paper is better than a verbal agreement."

Don

 

[Willowbilly3]

Thanks Don, you are so right about documentation. We tend to snooze off into casualness trying to be accomodating. Even though there wasn't a good solid agreement, I said 6 months or so wouldn't be a problem when he asked how soon he needed to get it. After one year it went into safe storage. Now I wish I would have left it there because he probably thinks that whole story is bull and I am just trying to punk him.

 

[shakey56]

Too Trusting

I know this is more money spent, but at this point, I would give an attorney a hundred bucks to write him a NICE letter. VERY NICE but to the point. That will either fix it or move it on to the next step. You are too trusting because you can be trusted.....I've been that way all my life.....gets me in trouble all the time. But you probably should get legal first. Sorry....just an opinion.

Shakey

 

[Willowbilly3]

First did he pay you for the car?

I had it happen once. Sold the car. The guy kept putting off pick up the car. finally told him he had 5 days to pick up the car or I will put it on the street. 5 days went by So I went to the police station and told them that the car was going to be on street and gave them the guys name and address. A week later the police tow it.

Yes, he had paid for the car.

 

[CR55]

You're in a tough spot WB! I personally wouldn't spend the money on an attorney, because those type of letters have absolutley no impact on me! I would mail copies of the tow bills and storage charges to your buyer and explain the situation. Does the statute of limitations have an effect in your area? I like the idea of giving him a specific time frame to pay you and pick up the vehicle. If not then I would simply sell it and try to recoupe my losses. He's had more than enough time to remove the 38....good luck with whatever you do! ...CR

 

[51FordF1]

Put it back in the storage yard.....Have the storage guy bill him the full amount when and if he ever picks it up, and he can reimburse you what you have paid for storage so far.

You dont owe this guy sqwat......he took advantage of your good nature....Friggin Canadians....lol

 

[hotrod preacher]

well IMO if you have possesion of the car now, then who ever tries to pick it up-(the present owner or the next buyer), has to pay the storage fees.....no "delivery" till the bill is settled........
and a guy that buys a car and doesn't even try to pick it up for over a year!?? come on - he sounds like a sham or a profiteer-- either one is bad news

i hope it all works out for ya, i say don't let go of the car til the bill is paid!!!

and the advice about mailing the guy a copy of the bill is a good idea IMO

 

[Willowbilly3]

I sent him another pm this morning. I basically told him he had until Sunday evening to decide what he wants to do because I need my money back and will sell it on Monday.
Judge Judy would throw us both out on our butts. There was no title on the car, no bill of sale, no written contract. If he has a copy of the money order there is that and I can get the stuff from the towing company.

 

[rustybeercan]

WB,
Be careful! If he does indeed had a copy of the cashier's check he can actually have the police pay you a visit. Something similar happen to a friend of mine. He had to give the car up but got some money back. Consider it a lesson learned. I'd press him for the money in no uncertain terms and there's no assurance he'll come pick it up even now.

Beercan

 

[onetondodge]

I'm not sure exactly how it works, But I believe if the tow yard sold it back to you; depending on what state your in - if the owner does not claim property in a certain amount of time then it becomes the tow yards, It's yours regardless of your previous deal with the other buyer, at minimum make him pay you the fees for the tow yard, If he does not want to do that, sell it to someone else and make a little dough. by NO means should you feel sorry for this guy

 

[HOT40ROD]

I my case he paid for the car and had the title. I talk to a lawyer (My Sister) before I went ahead and put it on the street. I had to connect him and give him so many days and also till him what I was going to do with the car. Sister drew it up and had it sent to him.

I was also told that I could put it in storage in his name and pay the first months rent. All I had to do was let him know what I doing.

I would talk to a lawyer and let him know what you are up to.

The old saying. Nice guys finish last. I also learn that the hard way also. For now on contracts and a date the item must be picked up.

Good luck. I hope you get your money out of it.

 

[Willowbilly3]

This is basically a parts car. I drug it in from a ranch and there was no title.

 

[dmw56]

I would say it was an abandoned vehicle. He had more than a reasonable amount of time to pick it up or contact you with plans. It's you car to do what you want he has no proof or any legal right to it.

 

[35Mastr]

I would tell him that you gave it to the junk yard and he crushed it a year ago. Car has no title or paper trail other than the Money order.

 

[Reign]

with no title, and no bill of sale you can basically do what you want with it. if he does find the cashiers cheque and he does send the police over to you then all you have to do is show them the date on the cheque. since it is over a year old you can tell them that you had it shipped off. how do they know any different. it is his word against yours at this point.

 

[EnglishBob]

I'd get advice from someone who graduated law school.

 

[Willowbilly3]

Update: This has turned into quite an ugly exchange. PM after pm, going round and round. He is accusing me of all kinds of dishonesty. He demanded a copy of the storage bill. After a couple weeks I did send it. I only ask for the storage amount, not the towing or even the sales tax. He immediatly accused me of making it all up because the towing company still uses handwritten recipts and he claims it is all a scam to steal his car.
He wanted me to send him the hoodsides and grill and keep the rest. I agreed to advertise it that way and include estimated costs of shipping those parts to the storage charges as a price for the car. After a week I didn't get one response to those ads on C-list and the HAMB, plus to locals.
When I sent him the bill, I told him he had 10 days, to the minute, to have the money in my hand and 30 days to remove the car. He continues to send pms that I am a liar and a thief and last night when I got home he had left a message on my phone that I deleted before I even listened to all the way through. It was every other word the "F" word and name calling. Hmm, couldn't pick the phone up for a year and a half but can now. I sent him one last pm telling him I would honor the offer and conditions.

 

[CR55]

Sounds like a "techological tough guy"! You're in a hard situation for sure. Not sure what I would do, but whatever you do, I'm certain will be a fair and honest resolution. He's probably gonna bad mouth you no matter what you do!...good luck. CR