View Full Version : Can anyone figure this out
About 3 weeks ago i received a phone call asking if they could put a deposit of $6000.00 on my boat and i said yes.
I have received the money but have not heard back from them.
They did not say it was subject to finance.
I have turned away other potential buyers but no contact from above.
I find it very unusally and i am not are aware of my legal rights.
Troy
disorderly
09-12-2007, 08:19 PM
What was the original deal on a settlement of money and handover of boat?
Why dont you call them and work out a timeframe?
I dont know the legalities either so I hope it doesnt get to that stage.
It sure is proving to be a pain in the ass,this boat,isnt it,troy.
What was the original deal on a settlement of money and handover of boat?
Why dont you call them and work out a timeframe?
I dont know the legalities either so I hope it doesnt get to that stage.
It sure is proving to be a pain in the ass,this boat,isnt it,troy.
The Wife called me and all she said by e.mail was to to say that the money was deposited to my account and a xmas to them and was praying that it was not sold.
If i contact them which i do not really want to as i figure some thing has gone bad as they have put the dollars in but have gone silent.
If i wanted to use my boat i am in a bad situation.
Troy
bay_firey
09-12-2007, 09:04 PM
You need to contact them troy and get some concrete dates in place.
You need to get a "contract" in place with agreed dates/ time frames, who is responsible for what etc.
If it comes to a legal situation you need to cover your arse.
Nothing worse than a he said - no they said situation if it gets ugly.
bay_firey
09-12-2007, 09:06 PM
as for using the boat - thats your call, you still own it, but don't forget that if the worst should happen by accepting the deposit you would have an obligation to provide a boat in the condition it was in when they payed the deposit.
turtleshead
10-12-2007, 12:53 AM
I sold a car 1nce to a young fella , he payed in full and sat in my yard for over a month before he picked it up . Was tempting to use it , though thought if i wa to prang it .
But , still yours till payed in full , use it i say.
just dont F*&k it.
MyEscape
10-12-2007, 04:56 AM
Troy,
what's the go? Didn't you say in a recent post you had arranged for a dealer down south somewhere who would trade yours on a smaller boat with an E-tec? You were talking of an issue that the local dealer in Mackay said he wouldn't service it?
I've sent you a PM actually.
But in regard to the deposit paid to your account. There's not a lot of people who would part with $6k for the fun of it. Besides you're not using your boat are you? Wasn't there only 6 hours on it?
Steve
PinHead
10-12-2007, 05:04 AM
If i was you Troy, I would give up boating..you have more dramas than a years episodes of Bold n the beautiful.
I know that when I received a deposit from the buyer for my boat..it was not going anywhere..I was not prepared to take the risk. That deal went through very easily...considering the buyer came up from Vic to inspect then everything else was done via phone and email with regards to transport etc.
If i was you Troy, I would give up boating..you have more dramas than a years episodes of Bold n the beautiful.
I know that when I received a deposit from the buyer for my boat..it was not going anywhere..I was not prepared to take the risk. That deal went through very easily...considering the buyer came up from Vic to inspect then everything else was done via phone and email with regards to transport etc.
Pinhead you got it all in one i think i might take your advice.
Troy
Troy,
what's the go? Didn't you say in a recent post you had arranged for a dealer down south somewhere who would trade yours on a smaller boat with an E-tec? You were talking of an issue that the local dealer in Mackay said he wouldn't service it?
I've sent you a PM actually.
But in regard to the deposit paid to your account. There's not a lot of people who would part with $6k for the fun of it. Besides you're not using your boat are you? Wasn't there only 6 hours on it?
Steve
Steve was not a Mackay dealer.
Xmas is not far away and i want to go away.
Troy
Noelm
10-12-2007, 07:12 AM
kind of funny thing, I had a very similar experience with a Sharkcat that I sold ages ago, a guy came, went through all the usual checks, went for a water test, agreed on a price and asked if I would take a cheque, when I said no, he said that it will be fine, because he could not pick up the Boat untill well after it cleared, so, I guess in that case it would be OK, he paid in full (cheque) it cleard without drama, BUT, but did not come back to pick it up for 5 months!!! now that seemed a tad odd to me, I kept calling him and asking him to get it out of my yard, but he just did not turn up, for months, when he did, the boat was all covered in crap and leaves , and the rego had expired, but he just towed it away as if the deal was done yesterday!
Geeez Troy they all come to you don't they ;D;D
I would call them & get a firm commitment, or if they are in some kind of trouble give them back their money, use the boat over xmas & start again in the new year..
it seems to be a 'thing' people do these days, it's as if they feel they are the only person interested in what you are selling. i won't hold anything for anyone anymore, if someone turns up with the money it's theirs. I have had people say they will take something & will be there the next day & not turn up for over a week without a phone call or anything & then get annoyed because i have sold it elsewhere. they seem to think once they say yes thats it, you just have to wait until they are ready.. too many say they will come/take it & are never heard from again, ruin it for everyone else..
Noelm
10-12-2007, 08:04 AM
yep, ANY sales man will tell you it is not sold untill it is paid for and taken away, any "I'll be back tomorrow" are not to be taken as a done deal, every dealer has a dozen people every day that "will be back"
BaitThrower
11-12-2007, 07:05 PM
Ring em, tell em you want to clear it immediately, or get some idea of when they will pay remainder, and if they don't like it or some other reason, give them their deposit back and you can sell to someone else. Or just put the money in a short term deposit, earn the interest then give it back to them later. minus handling fees... Hey, banks get away with it with no legal problems :P
Ring em, tell em you want to clear it immediately, or get some idea of when they will pay remainder, and if they don't like it or some other reason, give them their deposit back and you can sell to someone else. Or just put the money in a short term deposit, earn the interest then give it back to them later. minus handling fees... Hey, banks get away with it with no legal problems :P
The thing that annoys me most about this is i have turned away potential buyers who were prepared to pay the asking price at the time [ so they said] so now i am faced with the real problem of losing a few grand if this buyer backs out.
I am fully aware that i should have asked for something in writing but this all happened on the day my wife's mother passed away and i was not thinking properly.
It has been a month this Sunday since the money was deposited and no contact.
Make matters worse he is from other town.
He has not even got the control kit for his car with sens away breaks more delays if the sale goes through.
Pinhead as i said you got it all in one.
Troy
mik01
12-12-2007, 05:38 PM
gee - Troy, go and sell it and have a cheque ready for when these people finally contact you with their money back.
end of problem...
disorderly
12-12-2007, 05:49 PM
Troy,I cant believe that you would put yourself through so much misery over a boat.
I cant understand why you just wouldn't ring them and knuckle out a solution.
Either they are going to take it or they aren't.
If not, refund the money and put it back on the market.
Sorry to be so blunt.But is seems that you almost encourage such drama's into your life.
My only question is why?
good luck
Scott
Troy,I cant believe that you would put yourself through so much misery over a boat.
I cant understand why you just wouldn't ring them and knuckle out a solution.
Either they are going to take it or they aren't.
If not, refund the money and put it back on the market.
Sorry to be so blunt.But is seems that you almost encourage such drama's into your life.
My only question is why?
good luck
Scott
Mate coming on a bit strong and i do not encourage dramas.
I thought i have explained my situation.
I have no contact number it was only a phone call to lodge a deposit.
As for being blunt this was a site that when i first become a member it was the best.
Not any more and my friend and if this happened to you i would bet you would have a different view.
Mate when you start a thread is it to seek help or do yo expect to be riddiculed.
I know will cop plenty of critismn and so be it.
I am sorry to Aushfish members for this thread but it makes me wonder whether it is realy a waste of time.
ThanksTroy
skinss
12-12-2007, 09:03 PM
Troy there will be a time limit by law.weather u have the deposit or not.
Best way to sort all your boat problems out, is to see a solicator.might cost you $100 bucks.
And they would put you straight.With any luck you might get to keep the cash and still have the boat.
Good Luck
ps easy to find out were they live and there name most banks now make you sign a deposit slip and give your name & tel ph numbers of who is paying the money in to a Deposit account.
disorderly
12-12-2007, 09:11 PM
No disrespect to you Troy.
You sure do seem to have a bit of bad luck though.
Mate how did you receive the 6 grand deposit without getting their name,number or meeting them or having some way to contact them?
Hope you get it sorted out before christmas.I can imagine it would be weighing heavily on your mind.
Scott
No disrespect to you Troy.
You sure do seem to have a bit of bad luck though.
Mate how did you receive the 6 grand deposit without getting their name,number or meeting them or having some way to contact them?
Hope you get it sorted out before christmas.I can imagine it would be weighing heavily on your mind.
Scott
They had a look at it about a month before placing the deposit and at that time gave no indication of buying it.
Then the next contact was from the wife who phoned and asked to place a deposit that was the last contact and all i have is a deposit slip from the bank.
I Gave her my bank details but i did not get a contact number.
My fault as i should have asked.
Troy
Troy there will be a time limit by law.weather u have the deposit or not.
Best way to sort all your boat problems out, is to see a solicator.might cost you $100 bucks.
And they would put you straight.With any luck you might get to keep the cash and still have the boat.
Good Luck
ps easy to find out were they live and there name most banks now make you sign a deposit slip and give your name & tel ph numbers of who is paying the money in to a Deposit account.
Just had a look at the deposit slip only my name and their bank details.
Are the banks allowed to give out phone numbers.
Thanks
Troy
finga
13-12-2007, 06:20 AM
Just had a look at the deposit slip only my name and their bank details.
Are the banks allowed to give out phone numbers.
Thanks
Troy
They more then likely will not give you a number but the bank may get in contact with them for you though.
Or you should be able to get their name and the town they live in from the bank and then look in the whitepages (or yellowpages) to get a number.
If you go to the police and explain your problems they may give you an address.
If that fails then you've tried to the best that anyone could reasonably expect.
See a legal eagle and see what your rights are and then it would be straight from the horses mouth (so to speak).
You would be able to then bung the solicitor fees on either the final payment or take it out of the deposit if it's returned.
Getout
13-12-2007, 06:35 AM
Troy has the cheque cleared?
Scammers play a game whereby they deposit a dud chq in your account and then ask for a refund. Some dopey idiots give them a refund before they get access to cleared funds.
It all sounds suss to me.
Troy,
I agree with getout.
Me,I would make sure the funds are cleared.
Transfer the funds to your solicitors trust account,and sell the boat to those that are genuine.
Then do the refund,as necessary,if it is all above board,when and if they come back.
David
skinss
13-12-2007, 07:56 AM
Just had a look at the deposit slip only my name and their bank details.
Are the banks allowed to give out phone numbers.
Thanks
Troy
Troy
Spoke to my sister that mangers a commonwealth bank she said if you have the receipt and have id tell them what has happened you should be able to sort it out And they will have the persons number and address depending on what bank they deposit into. And don’t talk to Indians Talk to the manger unless you are chummy chummy with some one in the bank it self.And if that doesn't work the bank should get in contact with them.
And when u do track them down make shore you r speaking to the write person and don't give to much info out ,the depositer might have got run over by a train.
Good luck mate.
Scott nthQld
13-12-2007, 01:42 PM
This kind of thing is quite simple to interpret (for me anyway). They may have paid you a deposit for your boat, but have since cut contact with you from what I can gather. In this situation, as there is no deal on paper, there is nothing to stop you using or selling the boat to another buyer. If you use the boat and god forbid, something bad goes wrong, as long as you have the money to give back, than there is no dramas (from a legal veiwpoint), same goes if you sell the boat to another. They can argue that they paid a deposit and that the boat is their's, but if they do go to the courts, the most the court can make you do is return their money, as there is no court in Queensland that will enforce a verbal contract, which is one of the first things that I was taught in contract law at uni "a verbal contract isn't worth the paper its written on". My advice would be that you obviously hold onto their money, in a high interest account (so you at least make some money off them) and try to resell the boat. If you don't get any offers and the mystery buyer shows up, no harm done, if you do sell the boat and the mystery buyer shows up, you give them their money back and send them on their way, they might be pissed, but its not about pleasing them, you're not a dealer and don't rely on repeat business and referrals, and it gets the job done.
Remember, no paper, no record, no contract.
Scott
Hot_Snappa
13-12-2007, 02:01 PM
Mate, the boat is yours to do what you like with until such time as you have received payment in full for it and signed over the ownership! Use it, sell it ...its your call!
As someone else suggested, just make sure their cheque cleared and that you retain the $6000 if they ever come back...who knows they could be in jail, hospital or dead!
Lovey80
13-12-2007, 11:01 PM
Maybe the missus is buying the boat for the hubby for chrissy as a suprise and is having trouble keeping it a secret. I hope it was my missus :D:D
Cheers Chris
as there is no court in Queensland that will enforce a verbal contract [/snip]
Remember, no paper, no record, no contract.
Scott
For the purposes of those reading this forum, this statement is not quite correct. Verbal contracts are enforceable. In fact, everytime you buy something at a shop you are entering into a contract to purchase verbally or through some action, without the need for something in writing.
Writing is just the evidence of the contract and its terms. However, courts can consider other evidence, such as oral conversations, actions, and other proof of the terms and existence of a contract.
Scott, perhaps you have confused what you have been taught in relation to contracts and deeds. The later must be in writing.
I am a solicitor.
Troy, its not appropriate for me to provide you legal advice over a forum, however, it seems you have received a substantial cash deposit from an unknown buyer on uncertain terms. Your best course of action is to try to contact this buyer and sort it out.
If you don't have contact details. Contact the bank. If you frame it to them along the lines that you have received an unidentified payment into your account, however, you think it is a deposit for your boat from a person you don't have contact details for, they may be able to help. They won't give you the contact details (breach of privacy), however, will be able to contact the account holder themselves to verify that the payment is authorised and suggest to them that they should contact you.
It could be possible that something has happened to your buyer which is why they haven't been in contact, eg. hit by a bus, family tradegdy, etc. These things do happen...
deadbeatloser
14-12-2007, 07:04 AM
Mate coming on a bit strong and i do not encourage dramas.
I thought i have explained my situation.
I have no contact number it was only a phone call to lodge a deposit.
As for being blunt this was a site that when i first become a member it was the best.
Not any more and my friend and if this happened to you i would bet you would have a different view.
Mate when you start a thread is it to seek help or do yo expect to be riddiculed.
I know will cop plenty of critismn and so be it.
I am sorry to Aushfish members for this thread but it makes me wonder whether it is realy a waste of time.
ThanksTroy
m8 stop ya whining . :P
Troy, its not appropriate for me to provide you legal advice over a forum, however, it seems you have received a substantial cash deposit from an unknown buyer on uncertain terms. Your best course of action is to try to contact this buyer and sort it out.
If you don't have contact details. Contact the bank. If you frame it to them along the lines that you have received an unidentified payment into your account, however, you think it is a deposit for your boat from a person you don't have contact details for, they may be able to help. They won't give you the contact details (breach of privacy), however, will be able to contact the account holder themselves to verify that the payment is authorised and suggest to them that they should contact you.
It could be possible that something has happened to your buyer which is why they haven't been in contact, eg. hit by a bus, family tradegdy, etc. These things do happen...
Thats appears to be sound advice troy, it's path i would take.
Seems odd that you have heard nothing more from the buyer. Possibly something has happened that has caused them not to get back to you.;)
Thats appears to be sound advice troy, it's path i would take.
Seems odd that you have heard nothing more from the buyer. Possibly something has happened that has caused them not to get back to you.;)
Hi Dave,
The only i can think of is not getting finance but it still does not explain the lack of conact.
Xmas is only 2 weeks away and even if they were to contact me i am going away and flights have been booked for months so i would still have a drama.
Merry Xmas to you and family.
Troy
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