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Always_offshore
01-12-2005, 11:11 PM
I bought a 18 ft shark- cat at least i thought i did,paid the bloke[private seller}the deposit he asked and told the guy i would be picking it up in 2-3 weeks timeas it was 1100 kms away.Just got the phone call to tell me he sold it to another buyer.althouh i,m getting my money back .what happened to the days when a deal was a deal!!!---pr#ks

Tidas
01-12-2005, 11:25 PM
Yeah, dude that bites. >:(

Had same thing happen, not with a boat though.

Vowed to pick something up straight away in future, it's just not worth missing out on it, you just can't trust people anymore.

Atleast your getting your money back without any angst, I had to argue that point aswell.

With any luck the other buyers cheque bounces on him. :D

Cheers,

Paul

noluck
01-12-2005, 11:58 PM
mate if he sold boat under your deposit he should give you 2 x what you pay deposit
or if you go to court and you got proof of contrakt he could give you up to 4x deposit back #,if court say so
cheers no_luck

DNO40
02-12-2005, 05:52 AM
If you want something then pay for it. Sometimes people are strapped for cash and cannot wait three weeks for payment, and when somebody waves cash in front of their eyes the temptation is too great.

It all comes back to communication, but then I guess he may have been embarrassed to state that he was in financial difficulty (assuming he was)

What I'm trying to say is ..... Try not to judge people without fully communicating properly. I don't know what has fully transpired on this occassion. Just make sure you ask all the questions.

DNO

Hoges
02-12-2005, 06:55 AM
If you want something then pay for it. Sometimes people are strapped for cash and cannot wait three weeks for payment, and when somebody waves cash in front of their eyes the temptation is too great.

It all comes back to communication, but then I guess he may have been embarrassed to state that he was in financial difficulty (assuming he was)

What I'm trying to say is ..... Try not to judge people without fully communicating properly. I don't know what has fully transpired on this occassion. Just make sure you ask all the questions.

DNO

I assume Always_offshore had made these arrangements on securing the deal and paying his deposit. That said being written or verbal it is still a contract and the vendor is still libel to honour such arrangements.

Did the vendor at least ring him and say he had another buyer ready to pay the full amount now? At least then Off_shore could have offered to send the balance straight away.

If the didn't then one would have to assume the vendor had gotten a better offer and decided to reneg on the original deal thus breaking the contract.

Again all we can do is assume but I tend to think the above scenario seems to be the case.

So IMHO send him a solicitors letter and frighten the PRICK! Or at least threaten to take legal action.

finga64
02-12-2005, 07:39 AM
I hate buying things unseen.
What would have happened if you had have turned up to pickup the boat and it was no where near the condition the seller described (I have found out whilst looking for houses, cars and boats that people LIE).
Things happen, assume they're always for the better.
Oh, and carma's a b_tch ;)

Gbanger
02-12-2005, 11:31 AM
if you could prove some sort of loss or damages you could sue the bloke.. it was a contract when you paid the deposit. >:(

cooky
02-12-2005, 01:32 PM
I assume Always_offshore had made these arrangements on securing the deal and paying his deposit. That said being written or verbal it is still a contract and the vendor is still libel to honour such arrangements.

Correct that it's still a contract, however without it being written, you've got bugger all chance of doing anything. The only thing you've got in proof that you paid money into his bank account (or have you?). It's not right what he has done, however greed is prevalent in today's society and I wonder how many of you would do similar if something else had offered him $2,000 or more than you did. Would certainly make you think I bet.

I've had similar happen to me on lesser value purchases and yes it sucks, however I have also now learnt the lesson that if I want something I'll pay for it quickly.

It would cost you quite a bit of time and money to do anything legally on this. Better to learn a lesson and something good will happen to you next.

Spaniard_King
02-12-2005, 02:09 PM
I am thinking a bit like cooky, let it go or go the whole hog.

Could be an omen, something good may come of it.

Garry

sempre
02-12-2005, 02:28 PM
Its sort of like stealing your mates girl . Not the right thing to do , is it legal to do that ?

cooky
02-12-2005, 02:53 PM
Its sort of like stealing your mates girl . Not the right thing to do , is it legal to do that ?

YES - stealing is illegal

Definition of Theft: (also known as stealing) is, in general, the wrongful taking of someone else's property without that person's willful consent. In law, it is usually the broadest term for a crime against property. It is a general term that encompasses offences such as burglary, embezzlement, larceny, looting, robbery, trespassing, shoplifting, intrusion, fraud (theft by deception), and sometimes criminal conversion. Legally, theft is generally considered to be synonymous with larceny.

However people aren't defined as property (unless you're in some sort of gang :D), so I guess you could.

No it's not the right thing to do, unless your mate wants her stolen ;)

I think I'll give up now.

In fact I've had this conversation very recently with a mate who got a bit fresh with his best friends very recent EX. I expressed my concerns about his actions and the potential for the problem to become a big PROBLEM. My only solution was define when you decided he was no longer a friend :o eg. you are just about to enjoy some party favours from her and suddenly you decide "I've always hated XYZ, he's a F**k wit". Then is it okay? :-X

sf17fisherman
02-12-2005, 03:03 PM
i will say i can understand both sides if i understand it how i think i do

this bloke was after a sale you gave your deposit and he may of been thinking it fell through so sold the the next buyer along

how ever i do also feel sorry for you but hey it was ment to be and a better boat is around the courner

as for sueing and asking for more than you gave him back you have to ask your self if that is really your style and what you want to do
i know if it was me i couldn't ask for more than the deposit back

Hoges
02-12-2005, 04:15 PM
Of course he was after a sale and made one when he accepted the deposit with whatever terms were agreed with at that time be it verbal or written it is still a contract of sale. Which it seems within reason Allways_offshore would have outlined.

Come on guys this seller got a better offer and reneged on the contract!

If Allways_offshore still wants the boat he has every right legally to request the contract goes through as agreed. I am not advocating he holds this prick to ransom by demanding extra money back other than his deposit but he does have a strong case if he still wants the boat that he agreed to purchase by paying his deposit and coming to agreement with the seller as to when the balance of monies would be paid.

Cooky I disagree that he has bugger all chance of proving a verbal contract as the fact proof of payment of the deposit would be a start. Unless paid in cash but seeing the buyer was 1,100 kms away I doubt that would be the case. All a court would be required to declare if no paperwork is tendered (Even an email would help) is to how long the vendor should be required to hold the item for him.

So IMHO Allways_offshore if you still want the boat you can put up a fight for it and if not that concerned at least give this shonk a fright!

Jusel
02-12-2005, 05:22 PM
Hi Always offshore, I happen to know of a good 18 foot sharkcat for sale if your interested. May not be what your after but PM me if you want some details.

littlejim
02-12-2005, 06:46 PM
AO,

applying the sour grapes approach you can hope that the bloke who would pull a stunt like that was also flogging a boat that had something badly wrong with it too, and wanted it off his hands quick. Hopefully you have avoided buying a dud.

Sorry it's all I can think of to cheer you up.

cooky
02-12-2005, 07:21 PM
Cooky I disagree that he has bugger all chance of proving a verbal contract as the fact proof of payment of the deposit would be a start. Unless paid in cash but seeing the buyer was 1,100 kms away I doubt that would be the case.

all good in theory, but trying to fight for a verbal agreement is tough. If nothing in writing, what's to say the bloke selling the boat doesn't say righteo I'll honour the agreement. Now I expect $XYZ dollars as a balance (just happens to be $10000 more than you 'verbally' agreed). He could have sold the boat to a friend (which often happens in these cases) and friend says "hell yeh buddy if you're gunna get another $10000". Of course you;re not going to pay and that's the point. But who knows the price you agreed on if not in writing.

You could always go to a solicitor and pay around $3000 for a few letters. Of course if it goes to court - jeezus then start shelling out the $$$$$$$$$$

Solicitors aren't fond of anything not in writing.

efc
02-12-2005, 07:22 PM
taking the guy to the courts and sueing him is a bit rich guys. Come on!
Sure you didn't get the boat and he screwed you over but you also did get the cash back and as far as i know you have not been significantly disadvantaged from the sales fallout so move on.

Hoges
02-12-2005, 08:50 PM
Cooky I disagree that he has bugger all chance of proving a verbal contract as the fact proof of payment of the deposit would be a start. Unless paid in cash but seeing the buyer was 1,100 kms away I doubt that would be the case.

all good in theory, but trying to fight for a verbal agreement is tough. If nothing in writing, what's to say the bloke selling the boat doesn't say righteo I'll honour the agreement. Now I expect $XYZ dollars as a balance (just happens to be $10000 more than you 'verbally' agreed). He could have sold the boat to a friend (which often happens in these cases) and friend says "hell yeh buddy if you're gunna get another $10000". Of course you;re not going to pay and that's the point. But who knows the price you agreed on if not in writing.

You could always go to a solicitor and pay around $3000 for a few letters. Of course if it goes to court - jeezus then start shelling out the $$$$$$$$$$

Solicitors aren't fond of anything not in writing.

Sure it is but enough facts are already there to prove the buyers claim.

To prove the actual balance is easy as the seller would have advertised the sale price where ever the buyer saw the boat for sale. The deposit received is a given if paid by cheque, direct deposit, money order ect. The only down fall here would be if they both agreed to a lesser amount. Until the OP comes back here and clears a couple of things up we won't know.

He could at least go to a solicitor and get his opinion first before proceeding.

I hope the OP at least does not take this lying down as he has been screwed and too many are inclined to take such antics lying down. FFS at least put up a fight!

Even if this is only a verbal contract there is a good chance the OP can win or at least give this shonk a scare.



:)

"If it's true that we are here to help others, what are the others doing here"?

Hoges
02-12-2005, 09:01 PM
taking the guy to the courts and sueing him is a bit rich guys. Come on!
Sure you didn't get the boat and he screwed you over but you also did get the cash back and as far as i know you have not been significantly disadvantaged from the sales fallout so move on.

So is fraud or not honouring a contract!

I am sure if you had your heart set on a particular boat and this happened to you then you would be pissed off!

Yeah sure he can build a bridge and get over it but this is a public forum to discuss matters such as this and why can't the OP express his anger? God some people are so easy walked over you begin to think they deserve to be ripped off but if people don't take a stand it will happen again and again.

Holy shit! Stands to attention and salutes the flag. LOL


“Before you criticise a man walk a mile in his shoes.
That way when you do criticize him you'll be a mile away and have his shoes”

cooky
02-12-2005, 10:32 PM
HOGES, I guess it depends HOW keen he was on the boat.

If ultra keen and believes that nothing similar will become available for a significant amount of time, then it might be worth fighting.

Sometimes it's not about "Lying down" so much as deciding whether all the bother (stress, money, time) is worth the trouble.
Some people can be seen as push overs, but they might be happier human beings too. Everyone to their own.

Only the bloke ripped off can answer these questions, I guess we've given him some good food for thought.

I have been through the whole "they're not getting away with it" high and mighty routine (legal avenue). I am still not sure if the time and effort was worth it. But once you start the process it can be hard to stop (this is how solicitors make their money).

Hoges
03-12-2005, 06:24 AM
Sure enough cooky and I agree with your comments but was only putting in my two cents worth and esculated that to a couple of dollars worth. LOL

I hope Allways_offshore gets some satisfaction and follows up here from his original post with any further information on what was actually agreed on.

Like you I don't like to feed the legal eagles but sometimes you have to say I am not taking this lying down. Oh bugger! Another 2 cents worth!



“A person who smiles in the face of adversity probably has a scapegoat”

Darryl
03-12-2005, 07:12 AM
Just drive to his house to pick up your deposit, then smash him. :D

There's your satisfaction mate. Ow , BUT GET YOUR DEPOSIT FIRST. LOL



Then let the prick chase you with legal action :o

HOOKLINEnSINKER
03-12-2005, 10:33 PM
look on the bright side ..you coulda drove the 1100km then be told the boats gone.

Always_offshore
04-12-2005, 09:37 AM
Thanks guys!!just lettin you know I have decided to move on and look for another boat.I wouldn,t cosider any legal action but still p##### off.The deposit was 20% of purchase price and we now have that back,at least the sellers were decent enough to do that.

efc
04-12-2005, 11:26 AM
good onya mate. Thats what a true Aussie bloke would do, move on and look for another boat rather then going down the legal path and wasting tax payer money in court.

ba229
04-12-2005, 12:24 PM
lol reminds me a bit of a car I bought this year.

Beaten up old Sigma that had $750 on it crossed out and $650 now on it.

I offered $550 with a roadworthy and the guy agreed verbally.

4 days later he rings back and says he has roadworthy but he now wants $650 not the $550 agreed. I told him I was not interested in that price and bid him farewell.

2 weeks later he rings up and says he will take $550 now(because no one else would buy it I guess). I explained that the only value of the car was its rego and he had just wasted 2 weeks of it. I offered $450 and he accepted and the car exchanged hands that day.

lol his personal greed cost him money.

littlejim
04-12-2005, 04:53 PM
ba229,

love it!

Always_offshore
04-12-2005, 09:31 PM
Like some of you guys say---Karmas a bitch!! well today my 4 yr old bought his first boat some [with the help of mum] a 3.8mtfibreglass dinghy[proud dad] if you see a shitbox dinghy floatin around the canals at redcliffe[called SUPER-THINGY] THEN GIVE US A WAVE.---------------cheers and merry x-mas