Do unto others...good thought.
Subject: Re: Deposit on car - non lbc
Author: fred thomas <vafred@erols.com> at SMTP
Date: 4/3/98 2:01 AM
Gano, Ken wrote:
>
> With a few BIG exceptions (namely contracts involving real estate, contracts
> over a certain $ amount [$500 in Illinois] and contracts calling for
> performance over a certain period of time [1 year in Illinois]) oral
> contracts are just as binding as written. The practical problem arises when
> the time comes to "prove" the contract. The usual situation is that one
> party will swear (under oath) that one thing was said while the other party
> will swear (under oath - ain't truth a wonderful thing) just the opposite.
> The ultimate question is almost always, who's telling the truth. Paper is
> cheap. An oral contract isn't worth the head aches, or the paper they
> written on.
>
> kengano@advant.com
> downstate illinois
> 1959 TR3A TS57756L
> 1958 Model 10 Sedan TBE9239LDLB
> practicing a little law, but one when I must.
>
> -----Original Message-----
> From: Shane F. Ingate <ingate@shiseis.com>
> To: passaretti@sol.med.ge.com <passaretti@sol.med.ge.com>
> Cc: triumphs@autox.team.net <triumphs@autox.team.net>
> Date: Wednesday, April 01, 1998 1:53 PM
> Subject: Re: Deposit on car - non lbc
>
> >
> >Mike,
> > > This is why deposits are (IMHO) necessary. I've had several
> > > cars sold out from underneath verbal commitments...
> > [snip]
> > > If I were a more litigious person I would have
> > > nailed his nether regions to a pole.
> >
> >I'm not an expert at law, but I thought verbal agreements dont amount
> >to very much, so I dont understand your comment "If I were a more litigious
> >person I would have nailed his nether regions to a pole". At least, I dont
> >understand how you could get away with it.
> >
> >I thought that if a deposit was accompanied by something in writing
> >(one would be foolish to do otherwise) then that was some sort of
> >a binding contract. I did not know that verbal agreements were
> >legally binding.
> >
> >Could you (or some other lister) explain in lay language why you could
> >take this person to court based on a verbal agreement? All of us
> >on the list buy and sell cars at some stage in our lives, and we dont
> >want to get caught out!
> >
> > Shane Ingate in San Diego
I have been in the auto sales business for almost 40 years let me give my
feelings on this if I may. The GOLDEN RULE # 1 is money sells cars not
deposits, the problem this man has now is his own making, he by-passed a
sale because he was anxious to tie-up a customer and not tie-up a sale. A
deposit will not push the customer to make a decision NOW, which is what
a good salesman will do, you need to tell a customer I only have one car
to sell and the first person here with the money takes the car. Sears
takes deposits but they call it "LAY-AWAY" and they have a hundred more
of those shirts to sell or can get hundreds more to sell. Now you have a
deposit and he backs-out =what to do=you are not in the car selling
business or any other business, just tell this "deposit" that you have to
readvertise the car, clean it again to make it ready for resale again and
if you sell it for what "HE" was going to pay you then you will only
deduct your expenses otherwise deduct what ever the difference is between
the two. Remember "do unto others as you would want them to do unto you",
he could be a customer again and you have learned a selling lesson. I'm
sure there are a hundre different reasons out here on the way to handle
this but you took the deposit, you did not sell the car, be fair to him
as well as yourself go on to tomorrow.
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