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Do I have any recourse? Purchase gone bad.


Deezl Smoke
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 This direct subject is a bit off topic, but the question may help other HDT'rs in a general way if they are in such a pickle.

 So I purchased a lowboy semi trailer from a multi store dealer chain back in the end of April. Used, priced really well. Called, ngotiated the delivery location, and made the deal. They sent a sales order to bee signed, I signed, scanned, emailed back. They then sent the wiring instruction, I wired the money the next morning standing at the bank door when they opened. Wire went through and all was confirmed. Time passes, I call to inquire if all is good. Yep, just waiting for truck to deliver it. A few more days pass, and I call again, now they want more money. ?? I said no, I bought it and wired the money, the deal is as stands. Several more days they screen my calls. Finally friday morning they answer and say deal's off, how do you want your check made out?

 I have an appt with my attorney monday morning, but curious if anyone here feels that I have any recourse, or if I am just screwed out of my trailer?

 FWIW, I feel very strongly that they noticed it was priced below market and with the market today, they simply decided to not honor the completed sale and go for more money. Just my opinion, but based on the price and how they carried things out......

 Thanks. If the mods feel this is not the place, then delete this and I understand.

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3 minutes ago, Randyretired said:

That sucks.  Hiring an attorney may be costly for both parties so the attorneys will make money.  Your attorney will need to guide you as to if it is worth it.  

The dealer likely has an attorney on retainer specifically to handle business issues. The way I see it is that up until you had the goods in your hand or a signed over title either side could call off the deal. It stinks and I would certainly spread the word via reviews everywhere you can but otherwise you'll be spending money on an attorney and still not end up with the trailer since there is nothing to keep them from selling it to another at a higher price. My two cents.

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I think I agree with Gary. Next time try to include a clause in the purchase agreement that once it is signed by both parties it is binding, and a suit for specific performance (meaning they must deliver the specific item purchased, not just one similar) and legal costs will follow any non-performance. Of course, I'm not a lawyer, nor have I ever played one, but I think that's the way I'd be inclined to go.

You might want to consult an attorney now to see how to avoid this in the future.
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 It's not going to court or anything. I'm only going to talk to my attorney to see if there is anything I can do. If not, I'm screwed.......like always. But 2 to 300 bucks for a 50k$ deal is worth the time and money IMO. Most of the time dealers work with statistics. So statistically, I would have just shouted curse words at the sales...person? and got my check sent. I just told him I'll consult with my attorney and get back to you. Not a statistical answer I bet.

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My guess is someone higher up the chain reviewed the sale and called it.

Which is bad for you, but I doubt there is much you can do.

I would however have them wire the money back. No need for you to accept a check.

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I'm with Carl on this one.  As depositing a check is the same thing as accepting a wire transfer, it should be a done deal!

But I have heard once in a real estate transaction, that you can enforce a buyer to complete the purchase or suffer the loss to the seller, but you can't force the seller to complete the deal.

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 What little i can find online, which is, well....... there appears to be a time limit in which the seller has to make the cancellation, and even in that timeline, certain criteria have to be met. Far as I can tell, 10 days is the timeline most info have in common. This went on beyond 10 days. But,...we'll see I guess.

 In real estate, it used to be earnest money was irrevocable. Now the law has changed, and earnest money is pretty much of no value.

 I'm just hoping, but that's about it, hoping, that there is some law somewhere that protects against this sort of seller from cancelling the sale based solely on their market watch change of mind.

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The title could be clouded.  Maybe they found a major fault that needs correction.
There's no way to know at this point.

I had a similar incident with buying a foreclosed property from the bank.
I had signed the purchase agreement, paid my earnest money and waited.
They backed out of the deal by sending my deposit back with no explanation.
Turns out, the bank owned the property but not the manufactured home sitting on the property!   
(There are two separate title for such things.)
But that's another story. . . 

 

 

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You have a legally binding contract for the sale of the vehicle, offer, acceptance and consideration.  Every vehicle dealer has to be licensed by their State DMV. I would file a complaint with the DMV. Also most States have a Department of Consumer Affairs with a vehicle sales division. A complaint to the government body would also be in order.

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I do not like those kinds of transactions. I always buy in person. As soon as the wire transfer goes through, I leave with my purchase. If they don't want to send the title I'm already halfway across the country with the trailer. Now what are they going to do? I'm not bringing it back. 

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9 hours ago, Twotoes said:

You have a legally binding contract for the sale of the vehicle, offer, acceptance and consideration.  Every vehicle dealer has to be licensed by their State DMV. I would file a complaint with the DMV. Also most States have a Department of Consumer Affairs with a vehicle sales division. A complaint to the government body would also be in order.

 I'm hoping the attorney agrees and the dealership comes to their senses. But, typically, that's not how things go for people like me that work for their money and pay taxes.

 I will be sure to let the board know as soon as I do, what the lawyer says. Appt., at 9:30 this morning pacific time.

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Do you have any recourse? Doubtful IMO.

 

A bill of sale takes precedence over a vehicle title. If  you do not posses a bill of sale for the vehicle/trailer, legally it isn't yours yet. That's just my opinion, your attorney knows for certain

Edited by Ray,IN
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Re-read the original post.  Ok guess some of the confusion may lie in the original document sent and signed.  If it was truly a “sales order” that may be different than a “bill of sale”.  The former initiates the transaction while the later consummates it.  I can imagine the dealer saying the signed sales order was just to initiate, but not finalize the sale.  My argument would be that money was sent and ACCEPTED by the dealer pursuant to a signed agreement, therefore the deal was consummated.  In the past, verbal agreements where money has changed hands were upheld by courts as binding contracts.  In today’s world, that may not hold true.  Just my opinion.

Edited by SuiteSuccess
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