1962oldsguy

Hello,
I recently sold two 1962 Oldsmobile F 85 Cutlass Convertible's on eBay. The listing ended May 23rd, a deposit was required within 48 hours of end of auction, he sent it about 36 hours after end. A full payment was required within 7 days after end of auction. I called him about 4-12 times trying to get him to send the money after the 7th day. He sent it 17 days later (10 past DUE DATE).
I told him to let me know 2 weeks ahead to time to pull the body of one of the cars off my rotisserie, get all the parts out of my shed and put both of them together.
Any advice on what I should do?
I know a couple people that would buy the car in a heartbeat...
Any help would be GREAT!! 541-678-0606 or demammothman@live.com
Replying to the thread will notify me.
Thank-you all very much for any help!
-Dalton

MDchanic

Looks like you made yourself some money.

Send him a registered letter explaining that you will begin to charge him $X00.00 a day (over $100) for storage starting 2 days after the date of mailing (he no pay, you no release car), and that you will consider the car to be abandoned property as of 30 days after you received his payment and will sell it to someone else and keep the funds.

That ought to wake him up.

Also, contact a local lawyer to double check what you can and can not do in your state.

This one is easy, because you've got his money AND your car, and possession, as they say, is 9/10s of the law.

- Eric

1962oldsguy

Thank you very much for the help Eric, my neighbor is bringing me a paper to mail to the winner since this same thing is happening to him.
Dalton

Junkman

If you sold it on eBay, and he paid for it, even though it wasn't according to the original terms, then the car now belongs to the new owner. If you put into the auction that there was a time limit to pick up the car, then you are golden, and can start charging a reasonable storage fee for the car. If you didn't, then you will need to notify him that storage charges are accruing at X amount of dollars a day starting 30 days after he paid you. That would be considered reasonable in a court of law. If you try to charge $100 a day, as was suggested, then you will loose if it winds up in court. Once the storage fees exceed the value of the sale, then you should move for a sheriff sale or whatever your state allows for the sale of the vehicle for storage fees. You want to make sure that you stay above board, and that you keep the law on your side. Judges don't like unreasonable people, and will punish you for being unreasonable, with the decision, should it wind up in court. Your best bet would be with Judge Brown, and you definitely don't want Judge Judy.

MDchanic

I disagree about the amount of storage fees, though, as I said, you should consult a local lawyer. You appear to have equipment (rotisserie) and considerable usable, potentially productive, work space devoted to storing this disassembled car, which you have dug out of dead storage. If your place has any business angle at all to it, then by occupying that space with all of this stuff, you are losing money, and that money, plus markup, should be charged for storage. As long as you can justify the charges, in comparison to similar situations in your area, you are okay. Also, you can always specify an exorbitant number in your demand letter, then actually charge less.

But, to repeat, only your lawyer knows for sure!

Good luck!

- Eric

66400

Why don't you be a decent person and work with your buyer? Sometimes long distance 2 car purchase has logistics issues.

Henry

oldsmobum

Did you not read what he said? The auction closed in MAY. It is now AUGUST. The buyer paid the balance 10 days late, and has been unresponsive to his attempts to contact him. Where is he showing a lack of decency? Maybe the buyer should be a decent person and PICK UP THE DAMN CARS. I don't care if the cars are in Cairo, if you can't get the cars off the property in three months, you have no business buying the cars.

RAMBOW

so let me see if i get this right... he paid you right?

Call and give him notice that you are not storing the stuff indefinitely and SET (don't ask) a date for him to pick it up by. If he doesn't get it, then push the cars into the street and let him know he'd better get it before the city hauls it away.

You cannot just sell to someone else because he hasn't picked it up. He did pay you for it... he's just being a flake about getting it. Stick to your guns and don't be afraid to put it outside if he doesn't stick to an agreed timeline. Not your problem anymore since you have money in hand.

GTI_Guru

It would also help if we knew the state you were located in. Local laws differ greatly on what you are allowed to do in this situation, but storage fees should be a no-brainer to tack on. If it's at a place of business (regardless if it's a residence or not) that will help as well, as stated above.

The thing you'll have to be very careful of is claiming it's a place of business if you aren't paying any taxes on said business. (which a lot of home mechanics don't do, as it's usually a cash-n-carry/under the table deal) You don't want the Gub'ment all up in your records over something like this if it can be avoided.

If you're willing to post the link to the original auction here, we can also look over the terms of sale you set to help cover yourself.

2cents.

-Jeff

rustyroger

CHECK WITH A GOOD LAWYER BEFORE YOU DO ANYTHING!!!!.

Sorry about the shouting, but you are in possesion of someone elses property - he has paid for it. He has not fulfilled all of his obligations but has honored the main part by paying. It is not yours to do as you like with.
Get expert legal advice, you are entering a legal minefield.
Laws concerning this kind of thing vary from state to state and you need to know exactly how you stand before you do anything.

Roger.

Mark71

Wow... I have heard of all sorts of scams with the VIN numbers and buying cars in shoe boxes and that kinda thing on ebay.

But paying in full for a car and then not picking it up???

There has to be something going on there. When I bought my Cutlass, it was on my trailer before I gave the owner the rest of the cash (beyond the downpayment). I didn't let it leave my sight after he had the cash either. Then again, I am paranoid.

Is it possible that some other scam is in progress here? I mean, did the entire payment clear? Do you suddenly have credit card charges for the whole sum or something like that? It just seems strange.

Rickman48

In Illinois, we send a registered letter with storage charges starting 30 days after last payment, $125 inside, $75 outside, plus handeling and lawyers fees.
If you still have the titles, I'd be threatening sale after 60 days.
If you get no response, we have to put an add in the local paper for 3 days - then we own it!
Getting the title is another story!
We've gotten cars that were financed and still owed $15k for $4k in repairs and storage! They gotta pay or give it up!

coltsneckbob

Yes, perhaps it just cause I am from New York originally, but am wary of a scam here? Where is your buyer.....not from Nigeria is he? Do you have a name? How is his English?

DJS70cutlass

sell it again

MDchanic

I am also concerned about the scam angle - that's why I recommended being so aggressive.

One question: do you still have the paperwork, or did you send it to him when he paid you?

- Eric

nonhog

Good question, and a very important one. Contact e-bay they have been through these things before. If you still have paperwork refund the guy his purchase price less storage (if you can) and be done with him.
e-bay might be a good friend to have right now.

I also like the push it in the street idea (not sure its a good idea) but I like it.
If you sent the title did you fill out a release of interest? Another item to consider.
Good luck to you!

leepear

There is a cashiers check scam. Bad checks take a long time to bounce. They often ask for a partial overpayment amount returned to them. You can find the scams on ebay and craigslist. Not sure this applies but I don't take cashiers checks for that reason except us postal. Check the feedback of the buyer if it is 0 or only a couple it may be a problem.

Lee

stevengerard

Maybe like me life and trying to make a living gets in the way. I paid someone on this board months ago for a car I have yet to get. Now he did say take your time but im sure he wouldn't mind seeing it gone. Twice I thought id get down there myself andwith three times this past month I tried to hook up with a carrier and all fell through. Maybe like me he's not in a hurry - kids, work, sickness, travel etc all can get in the way

Joffroi

I know this advice isn't going to help anymore, but I recently sold one of my cars on ebay. After the car was purchased by the ebayer and I received my deposit, we called each other to work out the details on the payment (which I had in my description too). I typed a contract stating I was going to be paid in full before I shipped the car with X vin. Scanned the file, emailed to him, he signed it. Got all my money, shipped him the car. Worked out great. I probably got lucky since both sides of the deal were really easy to work with and communicated very well.

I guess I always make sure with things like this is to have a huge paper trail. You aren't in horrible shape since you have the car and cash though

69442C

A couple of thoughts for you.

1) I would remove your personal email from your posting. Two weeks ago, I replied to a guy on here looking for a part telling him where he could find it. His posting also showed his personal email. He sent me a private message asking me if I was the one emailing him about sending him a Western Money Gram or something like that and the message was saying I found the part and would sell it to him. Wasn't me at all but a scam attempt. I'd drop your number too.

On to your cars:
2) What kind of feedback did this person have? If they had a lot of feedback and looked like a good buyer/seller, any chance the person may have been ill and died? I know he didn't respond well but just a thought. If something like that happened the estate now owns the cars and they could catch up with you at some point. So be careful until you know more facts.

3) Contact Ebay as metioned and discuss the problem with them. Maybe run any advice Ebay provides past a laywer to cover yourself further.

4) I hope you didn't send the title(s). And don't send them. Tell anyone who contacts you they are available when the car is picked up. You can email them a scan of the titles if they ask. Mentioning this because of my point #1. You don't want to get scammed here. Also, make sure you are talking to the buyer if you are contacted. Be on the alert for a scam. These guys are clever, and if they could get the name of the buyer, they could call and give you a story and tell you they are getting the cars for him. Just be careful.

5) Make sure the money really did clear.

6) Storage may be allowed if it is reasonable and customary. If you are not a business, you may not be able to get away with business rates. I would think storage would need to have been mentioned in a certified letter before you could start to charge it. You would be protected more on this issue if your listing mentioned this and how much per day would be charged. Food for thought for the next time you sell a car.

Good luck.
Brian

1962oldsguy

Hello everyone,
the buyer has until November 31st to pick up the cars. I contacted eBay and some experts and found out what to do thanks for the help!! Let me know if anyone is looking for a project and to "pick it up"... Haha...
Thanks again..
Dalton

compedgemarine

what state are you in? I have the same problem. I sold two Buicks on ebay in mid feb. got the deposit and then talked to the buyer and he sent the balance. he said the weather was bad in Illinois, which it was, and I said I could store them for a month or two but that I am going to lose the place I have them at. that was the last I have heard from him. I emailed him and called him every month with no response. the last email and phone message said if I did not hear from him in 10 days they would considered abandoned and disposed of and he would get no refund. that was over a month ago and still nothing. I dont think even a judge would fault me for reselling or disposing of them if the guy cant respond for eight months. any ideas folks?

svnt442

I think if you were to take it to a judge that after 8 months you can re-claim the car for abandonment issues and re-sell it. Tow yards sell cars that way all the time without a title, but you still have it so you should be good to go.
But I think I would still contact your local police and see what they have to say the matter.

rustyroger

So what did you do?.

Junkman

November 31st is still 6 weeks away...

redoldsman

Did you ever think that maybe the guy died. Far fetched but possible.

66 442 Jim

Actually, that means that you will have to hold the cars forever, since November only has 30 days.