Sold a car 7 months ago

[spicerchick7]

Sold a car from California to a buyer in New Jersey. Let me give you weird back story with the sale first. I had it sold to a buyer in Jersey. They paid 9500. They gave me the $500 deposit and then wanted to pay 1/2 now and 1/2 later. I said no. It was to be paid and picked up right away. They acted weird. I canceled the sale and refunded the $500. Reloaded and sold again but for 8600. Fine. Paid me the $500 right away and then got weird about payment. They took a few weeks and also demanded to wire it to me to my business account. What if I didn’t have a business account? So they paid. Then the shipping became an issue. He said he might fly to drive it home. He didn’t know yet. Changed his mind. Shipping issue after shipping issue. He didn’t want to pay the extra $150 dollars I told him the shippers would charge him. He kept in contact. Then it was March. I had surgery and then Covid. He had me believing that he was on the front lines in Jersey so I felt bad. I just let it go. Told him to be safe. Months go by. The travel into and out of New York is lifted -he lives in Jersey. More excuses. I am paying $120 to insure it and $100 for storage. I had to buy a battery two weeks ago as it’s been sitting. Now it’s turned into an ugly conversation as I am done being a storage unit. I told him after calling eBay and they confirmed I had every right to tell him no at this point. I told him I was cancelling this, sending a check minus my damages and that’s it. Now he’s threatening that it is wire fraud and he’s going to the fbi. Fraud has to start with intent. I had a car to sell and he bought it. Period. Back to the beginning. The other buyer that bought it first for $1000 more was his wife. Very sneaky. Well now I’m being threatened and I don’t know what to do. I told him I sent a check minus the damages and all he does is threaten me. It’s now 7 months. 

[dtexley3]

As long as you can prove you paid him back, it's all hot air on his side.  

Sell it local, less hassle.   If you do choose to sell it again on eBay, don't let the buyer string out the deal.  Either pay for it and pick it up (or have it shipped) or it's cancelled.  Don't let them string it out.

[wesk_36]

It sounds like you snagged a husband and wife team from h***.

I think the problem started when they didn't pay the second time and strung you along and refused to pay for 7 months.

What are they threatening you for? What do they want now?

Sending them a check minus "damages" may have influenced their bully behavior.

I understand what you consider damages, and I may be wrong, but I don't think you can legally charge them storage fees, battery, insurance, and whatever else you call damages, without a judgment or legal basis, or a per-contract with the buyer.

How does ebay know about buyers payment or your refund when it was done off ebay?

I would want these people out of my life fast.

just my opinion

[wesk_36]

"I think the problem started when they didn't pay the second time and strung you along and refused to pay for 7 months."

OK, I mis-read, they did pay you, they "wired" you the money. I was thinking it was the deposit.

[m60driver]

Just tell him to please go to the FBI.  Then block and ignore.  You did nothing wrong.

[luckythewinner]

---

@spicerchick7 wrote:

all he does is threaten me

---

And all you should do is ignore him. 

[silverstatetreasureboxes]

spicerchick7, have you ever been to Jersey and ask for directions? None of them know, so don't worry about their threats cuz they don't know how to get to you!!! 😆

[fewlpoontan0]

---

@spicerchick7 wrote:

Sold a car from California to a buyer in New Jersey. Let me give you weird back story with the sale first. I had it sold to a buyer in Jersey. They paid 9500. They gave me the $500 deposit and then wanted to pay 1/2 now and 1/2 later.

Huh?

If they gave you a $500 deposit then they didn't pay 9500...

But let me get this straight...

They paid you the full amount, you have the money the car sold for and they haven't picked up / made arrangements to ship the car, right?

I'd see about getting the story down short and straight, then calling around town to some local attorneys, tell them upfront I am seeking an answer if they have a little time... If they say sure lay it out (make sure it's a short story, just tell them you sold a car 7 months ago, the buyer paid but you still have the car because they never picked it up or made arrangements to ship and what should you do?

Some of those attorneys (matter of fact probably quite a few) will not have an answer because that's not their area of expertise, if such is the case ask them if they know an attorney who is knowledgeable in this department... Call them next or if no just keep going down the list, sooner or later you should be able to get a legal answer to your dilemma.

That's what I would do.

[angwjea]

7 months is pretty crazy . i bet you where sick of that by then . 

[spicerchick7]

I actually did go to an attorney about this. He stated the "delivery" is part of the contract and in a "timely manner". Both of which did not occur. I paid storage and insurance and ultimately had to get a new battery as it just sat. I sent a check like my attorney told me to do minus the storage and insurance. He said I am 100 percent in the right. Its been 7 months now. I am not a storage unit. After telling the buyer all of this, he told me to "unregister the car" that is not a thing. He told me to give my plates to the dmv - also not a thing. He told me he was still trying to find a shipper. He was mad because shipping was exactly what I told him it would be and he didn't believe me until he started calling around. He told me uninsure the car. That is also illegal to not have insurance on a car, plus its a classic car. If it were to be damaged or stolen, I would be stuck. So, I sent him back his money minus my storage and insurance. "Damages" is what my attorney said. 

[spicerchick7]

They behaved this way before I even sent the money back. It absolutely is damages. I should not have had to insure and store a car while they sit in Jersey and make no attempt to pick it up. Regardless, its a contract between two people and there is a breach. I had a car for sale. I never offered to keep it for a year. I do want them out of my life. I have sent the money and thats that. Ebay told me they have never called them about this, so just more lies on their part.

[spicerchick7]

The FBI is not going to call a person in california who sold a car on ebay to a buyer in new jersey who never picked it up 🙂

[namtrag1]

Cancel the deal.

Refund all the $$.

Block them as buyer.

Don't lose any sleep over it.

Move on with life.

Peace.

[gracieallen01]

Tell the buyer to file charges.  Also tell him that you will be more than happy to cooperate with any law enforcement agency he may choose.  Then, end dialogue until and unless you hear from some agency, which doesn't seem too likely.

[dhbookds]

If he cashes the check...........I think that implies acceptance of the terms.......so not much chance of anything else happening......