Alright, here goes. May of 2008 I sold a man a 1962 Nova conv. It came with a 64 Nova wagon & a 63 Nova 2drht parts cars. The conv needs total resto. The man paid me 2 installments @$400.00 each. Still owed $200.00. I emailed him last month (6-09) and told him I thought some storage fees were in order. Quoted him $200.00 for storage for the year. So that makes it $400.00 he would owe me. He maild back and asked me to measure the length of the cars as he would like to try to get 2 on a trailor at a time. That has been a month. How long should I let this guy string me along?

Does this other person actually own the two remaining cars? Do you hold "Bills of Sale?" First problem is when someone buys a car or the three they should have gone right away.

If they belong to him you should be able to have them removed at his expense to a place that will store them with due written notice of when this will occur and to where they will go.

A lot of this depends on what you have in writing for the sale to begin with and I hope you had that in order. Guessing at charges at this late date is a mess at best

Just my 2 cents.....

T
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Tom Greenleaf - MetroWest, Boston

Tom's right,

You would only be entitled to storage charges if it was in writing when the agreement was made. There are also legal procedures and notifications to follow first. It sounds like he hasn't even completed the sale yet so storage wouldn't even apply to a vehicle you still own. Unless you had some timetables written into an original agreement, you really don't have much power at all in this.




78 Corvette Pace Car For Sale-18k mi orig-Florida

T I hold the title, he has no reciepts of any kind.

Hmmm! You really need to make up "Bill of Sale" document to reuse and use it with room for details. After a year if YOU still hold the titles they technically aren't even sold - are they? You could sell them now for parts and that buyer from a year ago wouldn't have a leg to stand on!

Even among friends - put things in writing is always best,

T
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Tom Greenleaf - MetroWest, Boston

  

BILL OF SALE

DATE_____________________


TIME_____________________


SOLD TO: __________________________________________


__________________________________________


__________________________________________




ONE________________________________________________


VIN#________________________________________________


ODOMETER READS_________________________________


FOR THE SUM OF $_________________________________


PAID IN FULL: Cash or Check #________________________


This vehicle is sold with any and all defects known or unknown – in lieu of Chapter 90 Sec 7N Massachusetts general law.


Signature of buyer_____________________________________


Signature of seller______________________________________

~~~~~~~~~~~~~~~

If that shows at all it's the one I use. MA has special rules about not using the words "As Is" and won't recognize it so this one says it as a lawyer told me how remove liability as I am not in the car selling biz. If you are you can't use that terminology in this state with cars under a certain age or under certain miles which wouldn't be the case with your cars,

T
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Tom Greenleaf - MetroWest, Boston

Is true guys, I retain the title and all parts cars and all misc parts that are to go with said "sale". All I have is the email addy. I live in northern AR & he lives in southern AR. He sent a paypal and a PO money order for $400 each. I really don't care to get any storage fees, I was mainly trying to motivate him to get the cars! Different car came on ebay that sounded interesting to me. Might trade the Nova stuff for it. This is why I am inquiring.

Since you have the title and no paperwork at all, your holding all the cards. You can give him a deadline to complete the transaction or forfeit his money.




78 Corvette Pace Car For Sale-18k mi orig-Florida

Computer is back up today, down all weekend. I'm not after something for nothing but I think I have been more than fair with this gentleman. I don't want him coming back at me because I git rid of cars that he has made a deposit on albiet 14 months ago. Like I said, we emailed 1 1/2 months ago and still I have seen no activity from him.

A certified letter with a deadline to him should should give you the CYA that you need.




78 Corvette Pace Car For Sale-18k mi orig-Florida

Don't have an address

I guess the e-mails will have to do then. Just make it clear what your intentions are and what the dealine is, then keep copies of the e-mail.




78 Corvette Pace Car For Sale-18k mi orig-Florida

Believe I can try that, looks like he is online now. Thanks

I wrote- Could you pick up the cars Jult 26 2009- as I will have a man here to help me with "staging" the cars to load them. If the cars are still here come August, I am working another deal on EBAY to trade the Novas. I think that about sums it up!

chickenhouse; In my humble opinion, you are being too nice. "The vehicles that you have made a deposit on have not been fully paid for and have been stored by me for __ months at $5.00 per day". "If the vehicles are not paid for in full and removed by __/__/__ they will be sold to recover initial purchase price and accumulated storage charges". May not be legal in your state, but might get the guy's attention?
Loren
SW WA

The storage charges have to be declared before they can begin. You can include the declaration in this letter but the charges can't startt until he has been duly notified that they are about to begin.




78 Corvette Pace Car For Sale-18k mi orig-Florida

Agreed, I know I am too leinient, but thought I was dealing with a car guy. I tend to make some provisions based on this. I did send the post to him last night and have no reply as of yet. He is in my contact list in yahoo and I see when he is online. Like now. I hesitate to get legal on him but will look into it for our state and check my rights (options). Classic cars is supposed to be fun stuff, what happened?

Thoughts/suggestion: Your puter was just down so maybe emails didn't get thru. If he is dealer and you know so much as his name you can get an address and phone # and finish this mess fast.

Did he pay you with a check? Do you recall what bank it was from if so?

How would you even expect to get legal about it if you can't talk to or mail (snail mail as suggested + certified return receipt) if you don't know more than an email address?

T
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Tom Greenleaf - MetroWest, Boston

Maybe I mis-spoke Tom, I did'nt mean I would lawyer up, I meant maybe I should consult a lawyer to find out if he has any recourse should I sell these cars now. He had sent a postal money order and a pay pal- each $400.00. He is not in the car business, he sells weeney dogs. You know the ones, 1/2 a dog high & 2 dogs long. I guess I'm trying to go with a clear conscience. I don't need enemies and am trying to not make any. Thanks

I hope I'm not misunderstood either. I hate and have never used legal crap for anything except real estate purchase and sales.

I do keep copies of of things as needed and know who I sold something to!

Just sold a car this year with known problems and wrote it out and made buyer sign that he understood! Car had a power window break two days later (we had an ice storm and you can easily mess up PWs if forced - hard ice chipping at them and so on) and he wanted to cancel the sale. I said it was working when you got it and YOU signed the papers saying what was known and that unknowns were not warranted in any way. I sold that car for a friend and it wasn't even mine!

It's unfortunate but the paperwork on this sale is messed up by both of you! You may need to see what the legal limits are to take your purchase and ramifications of it if you do remove the cars or put them back up for sale??

Do you have copies of the money orders or anything?

IMO you have to plain talk to this person and make a new agreement with a time for it to end,

T
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Tom Greenleaf - MetroWest, Boston

UPDATE! 9:00AM today, he called me. Asked if it would be O K if he came out tomorrow with a rollback to pick up the cars. He sounded a little "meekish" on the phone. Told him it would be alright, so we will see.

I'll believe it when I see it (hear about it)

You & me both! When $ is in hand, cars are gone, THEN I'll believe- and post back.

Cars are GONE!!!!!!!! He showed up! Brought a rollback, put the 2drht on top, put the wagon on the tow behind and put the conv on a 20ft trailor he brought with a suburban. All the x tra sheet metal, the hard parts etc- GONE! 1 trip! NOW- I gave my wife the check they gave me & told her to go up to the corner store & cast it, they could stamp the front (payable to) & then cash it. She went to the corner store, wrote the store's name in the payable to, and you guessed it, they would'nt cash it. The ppl did not bring cash, was not going to let them leave without getting anything and I felt like I was in a hard place. Guess I will go to my bank tomorrow & explain. Heres hoping.

You took a check?????? You kidding?? Right? You're messin with us......huh