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I JUST had to do it!!


toyroy2003
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Lots of $$ does not equal common sense ;)

 

 

I think you mean "mommy and daddys" money....unless you work for it your self....then you have no common sense of the value of money, nor the value of life itself...

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If the SV ends up like the TTG and McLaren, I think a part of me will die. To someday own one of the three 6spd SVs in the US is my motivation to pursue my degree in engineering and bust my ass at work and save pennies in the meantime. Sorry the transaction ended up this way Roy. It would have been in much better hands with you.

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What all just happened on here? I read this the other day and it was about Roy being screwed out of a 6 speed SV.....

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So the question I have to all the honorable members that posted on this thread:

-You have a car for sale, sits for a while then some day, on a Friday, you get on offer for 400k. You think great, sign the paperwork and figure you have a sale. A hour later, before the funds are there and the car still in your possession, some other random dude offers you 115k more than the offer you just signed back and agreed to.

Now you have a huge dilemma, or maybe not, depending on your character.

 

So, how would you gentlemen handle the situation ? No bullshit hypotheticals please, money always talks and when it is about principle, it ends up being about money.

 

Should make for some good read.

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So the question I have to all the honorable members that posted on this thread:

-You have a car for sale, sits for a while then some day, on a Friday, you get on offer for 400k. You think great, sign the paperwork and figure you have a sale. A hour later, before the funds are there and the car still in your possession, some other random dude offers you 115k more than the offer you just signed back and agreed to.

Now you have a huge dilemma, or maybe not, depending on your character.

 

So, how would you gentlemen handle the situation ? No bullshit hypotheticals please, money always talks and when it is about principle, it ends up being about money.

 

Should make for some good read.

 

One of the reasons I have not commented on some of these posts. Car was posted it was "bought" when there were no funds to the seller...

 

The seller receives not a 115k more offer but 140k more offer, Roy was getting it for 375, unless seller is a liar, which I know he is not and because Tuesday deadline passes on a 375k deal, he should not take the 515k deal that's waiting to be wired, with the intention of paperwork after the car is paid for... 37.33% more...

 

Maybe some you of lads should get into the big leagues where exchanges of billions are done daily through business transactions... Wall St.

 

No complaining company A sold to company C, instead of company B for 37.33% more, after the offer deadline from Company B expires.... Just like the deal on the SV...

 

There would be celebrating, not others looking down on them because they got a much better deal on their transaction...

 

 

 

 

 

 

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So the question I have to all the honorable members that posted on this thread:

-You have a car for sale, sits for a while then some day, on a Friday, you get on offer for 400k. You think great, sign the paperwork and figure you have a sale. A hour later, before the funds are there and the car still in your possession, some other random dude offers you 115k more than the offer you just signed back and agreed to.

Now you have a huge dilemma, or maybe not, depending on your character.

 

So, how would you gentlemen handle the situation ? No bullshit hypotheticals please, money always talks and when it is about principle, it ends up being about money.

 

Should make for some good read.

 

You know me and you know this is the truth, if the car was sold under the conditions stated above I would do the following:

 

1) I would call the guy I sold it to and tell him the following, some fool is paying me $115k more for the car I just sold to you for $400k lets split it.

 

if the original buyer said no

 

2) I would go ahead with the original deal and sell it to him for $400k. absolutely no doubt or questions about it.

 

 

 

 

 

 

 

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One of the reasons I have not commented on some of these posts. Car was posted it was "bought" when there were no funds to the seller...

 

The seller receives not a 115k more offer but 140k more offer, Roy was getting it for 375, unless seller is a liar, which I know he is not and because Tuesday deadline passes on a 375k deal, he should not take the 515k deal that's waiting to be wired, with the intention of paperwork after the car is paid for... 37.33% more...

 

 

That might just "justify" the vendor's behaviour!

 

 

This is pure speculation but the sequence of events and the speed with which everything transpired seem quite strange to me, the minute Roy announces his purchase here out of nowhere the new buyer pounces and pays a tonne more on the spot during holidays long weekend etc. directly to the vendor.

 

Logic dictates the final buyer had prior knowledge of this car, I don't care how much money you have nobody buys a used car, frivolous purchase, at a drop of a hat at $100k + over ask, if he had prior knowledge why isn't he known to the vendor?

 

The vendor behaves in a manner which tells you that he wasn't aware of the final buyer prior him committing to sale to Roy, had he been aware of him and of how much more the final buyer was prepared to pay he wouldn't have sold it to Roy for the amount Roy had it under contract for, he would've asked Roy for a lot more, that's logical.

 

My guess is this car was being brokered to the final buyer all along (insert broker's name here?), while Roy was negotiating on the car himself, the final buyer must've found out the vendor's details and decided to cut everyone's lunch by going directly, the question is, did he buy it directly for less? If he didn't why would he outbid his broker?

 

 

My guess is he paid less directly to the vendor, the vendor must've turned when he realised how much the broker wanted to gain from the sale he probably felt hard done by and based on a technicality was happy to do the dirty on everyone, that could possibly explain his behaviour and if that's the case to be completely honest I don't blame him, business is like a game of survivor, outwit, outsmart and outplay :icon_mrgreen:

 

 

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My theory first and foremost would have been to keep quiet about the whole deal until the car was paid for and was on a truck on its way to me. There's no doubt the guy who paid $100k+ or more for the car frequents the various forums that the first buyer posts on. It's entirely possible that all the hype created by these posts on the different forums prompted the retail buyer to pay more than what the dealer was paying in what can be called a "wholesale" deal.

 

As far as the car not getting paid for on time, perhaps it's a series of unfortunate circumstances with the admittedly small bank and the long weekend but then again under similar circumstances I've found myself getting on a plane and hauling ass across several states or overseas with a bag of money or cashiers checks to make sure I don't lose a deal as almost everything I deal with is usually a 1 of 1 type of situation.

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So the question I have to all the honorable members that posted on this thread:

-You have a car for sale, sits for a while then some day, on a Friday, you get on offer for 400k. You think great, sign the paperwork and figure you have a sale. A hour later, before the funds are there and the car still in your possession, some other random dude offers you 115k more than the offer you just signed back and agreed to.

Now you have a huge dilemma, or maybe not, depending on your character.

 

So, how would you gentlemen handle the situation ? No bullshit hypotheticals please, money always talks and when it is about principle, it ends up being about money.

 

Should make for some good read.

 

I would take the second offer, and split the 115k with the original buyer in reperations. You are essentially screwing him out of a signed deal, so compensation should be made. But as you said, money talks.

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My theory first and foremost would have been to keep quiet about the whole deal until the car was paid for and was on a truck on its way to me. There's no doubt the guy who paid $100k+ or more for the car frequents the various forums that the first buyer posts on. It's entirely possible that all the hype created by these posts on the different forums prompted the retail buyer to pay more than what the dealer was paying in what can be called a "wholesale" deal.

 

As far as the car not getting paid for on time, perhaps it's a series of unfortunate circumstances with the admittedly small bank and the long weekend but then again under similar circumstances I've found myself getting on a plane and hauling ass across several states or overseas with a bag of money or cashiers checks to make sure I don't lose a deal as almost everything I deal with is usually a 1 of 1 type of situation.

Exactly :icon_thumleft:

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A signed deal is a signed deal. I don't think anyone is mad at the ultimate buyer. He paid a market clearing price and got what he wanted, which is awesome. It is the seller that is a fcuking scumbag.

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One of the reasons I have not commented on some of these posts. Car was posted it was "bought" when there were no funds to the seller...

 

The seller receives not a 115k more offer but 140k more offer, Roy was getting it for 375, unless seller is a liar, which I know he is not and because Tuesday deadline passes on a 375k deal, he should not take the 515k deal that's waiting to be wired, with the intention of paperwork after the car is paid for... 37.33% more...

 

Maybe some you of lads should get into the big leagues where exchanges of billions are done daily through business transactions... Wall St.

 

No complaining company A sold to company C, instead of company B for 37.33% more, after the offer deadline from Company B expires.... Just like the deal on the SV...

 

There would be celebrating, not others looking down on them because they got a much better deal on their transaction...

 

The Wall st example caught my attention, only because i trade a lot of OTC products for a hedge fund, and regularly transact for millions with one word confirmations. You can sell something, and a minute later another buyer can come in paying more. Everyone depends on you sticking to your word, or else no one will do any future trades with you.

 

I don't know the car business, but you're right in your example, if the buyer doesn't come up with the money in the agreed amount of time, then the seller should be free to do what they want. I don't know exactly what happened here.

 

(Assuming its within this reasonable amount of time to come up with the money) If i sold the car, and had another buyer for more, i would go back to the first guy and try to buy back for more. In this case it looks like difference was significant enough where something could probably have been done.

 

If the time expired and my buyer didn't come up with the money, then i'm free to do what i want.

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A signed deal is a signed deal. I don't think anyone is mad at the ultimate buyer. He paid a market clearing price and got what he wanted, which is awesome. It is the seller that is a fcuking scumbag.

 

Now this is the point that I am trying to get at. No doubt a signed deal is a signed deal, but is the seller a scumbag ?

Would you sell the car for 375k when you know you are getting 155k more from another buyer ? The funds have not hit your account, I think it is irrelevant imo whether they have or not as you have signed a contract but, let's be straight here, how many people on this forum would sell the car at 375k in this situation.

I have seen what people for $100,$1000 and 155k is a lot of dough.

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Now this is the point that I am trying to get at. No doubt a signed deal is a signed deal, but is the seller a scumbag ?

Would you sell the car for 375k when you know you are getting 155k more from another buyer ? The funds have not hit your account, I think it is irrelevant imo whether they have or not as you have signed a contract but, let's be straight here, how many people on this forum would sell the car at 375k in this situation.

I have seen what people for $100,$1000 and 155k is a lot of dough.

 

:iamwithstupid: x100

 

Money makes people do disgusting things. I see it everyday. Yuck.

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My theory first and foremost would have been to keep quiet about the whole deal until the car was paid for and was on a truck on its way to me. There's no doubt the guy who paid $100k+ or more for the car frequents the various forums that the first buyer posts on. It's entirely possible that all the hype created by these posts on the different forums prompted the retail buyer to pay more than what the dealer was paying in what can be called a "wholesale" deal.

 

As far as the car not getting paid for on time, perhaps it's a series of unfortunate circumstances with the admittedly small bank and the long weekend but then again under similar circumstances I've found myself getting on a plane and hauling ass across several states or overseas with a bag of money or cashiers checks to make sure I don't lose a deal as almost everything I deal with is usually a 1 of 1 type of situation.

 

So well said. :icon_thumleft:

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Now this is the point that I am trying to get at. No doubt a signed deal is a signed deal, but is the seller a scumbag ?

Would you sell the car for 375k when you know you are getting 155k more from another buyer ? The funds have not hit your account, I think it is irrelevant imo whether they have or not as you have signed a contract but, let's be straight here, how many people on this forum would sell the car at 375k in this situation.

I have seen what people for $100,$1000 and 155k is a lot of dough.

 

Yeah, it would be hard to pass up what you were expecting to get, and throw in a nice used gallardo on top of that. It just seems like there were about a million better ways to handle the whole situation.

 

And I agree with what was posted earlier, in as my grandmother would say, don't count your chickens before they hatch. Seems like Roy may have brought a lot of this on himself by making it public before it was really a done deal. (In this day and age, that means in your possession with title in hand)

 

I can't tell you how many people i've run across who would fcuk their own mother over to save $5. For $155k I'm guessing the guy doesn't even feel bad.

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Alll very good points posted here AND some are correct and I have learned a valuable lesson from this deal. Lets put some facts in where the holes are..

 

1) For Liquid Asset...I agreed to $400K for the car not $375K...have signed documents in hand to prove this.

 

2) There was NO written OR Oral agreement of a deadline for money to be wired, IN FACT the written contract clearly states, BUYER (me) shall fund within 72 hours or SELLER ( person I bought the car from) may consider, at his discretion that transaction is null and void. Of course I UNDERSTAND the 72 hours as "busineess days/hours" so as for bank wires to be processed. As an example, MOST out of the country wires take at least 48 hours to leave and clear into the others account. The wire was intiated within 15 minutes of the seller returning the signed documents and his wiring instructions. HAD it not been for a BANK Holiday and within 45 minuts of the wire cut-off time...AND my small bank letting wire Dept go home 1 hour early for the Holiday...seller would have had his funds THAT same day...so Saturday passes, Sunday Passes, Monday a BANK/WIRE Holiday CLOSED passes. Tuesday AM wire is sent and recieved within 8 minutes of the Bank opening in the morning, 9:00am. That, as I see it is within the 72 hours.

 

3) DUMBEST thing I did, was post I had the car prior to it being in a truck and on its way to me..YES 100%. I was excited and had been working on the purchase of the car for quite a long time over the last year and let my excitment get the better of me. Had I NOT posted till the car was in a truck on its way/or in this case after I flew down that Thursday to pick it up myself...this thread would never have been here.

 

4) I think after my post, the ultimate buyer, WHO loves ONLY white cars as well...and saw the post and this car, contacted the seller via his broker who the seller told me was a person by the name of Harrison..I dont know who that is. The seller advised he already had a deal on the car. The broker (according to the seller) said if you dont have money, you dont have a deal...(that is up for debate). The seller was offered the $115K MORE, which he accepted.

 

5) On Tuesday AM, my money had hit sellers bank..he advised me in the AM he had accepted another offer. I was not happy. He told me (in e-mails) that he would check and advise me if he would be cancelling the deal and returning my money. Or I could still fly down Thursday with a CASHIERS CHECK and if he still had the car, he would consider still selling it to me at that time. I did tell him he had to do what he had to do...I have no control over his decision making.

 

6) It is at this point, I truly believe he DID not have the $515K funds from the second buyer in his bank yet...as NO ONE has the magic to wire on a sat/sun or holiday. I think he was holding off on sending my money back and stopping the transaction unitll he FOR SURE had the greater funds in his account. I believe this as it was not till later in the day he finaly told me he would be cancelling the contract and wire my funds back. Mind you that at this conversation it was still 2 plus hours for the wire dept to close, so he could have sent my money back that day as he stated he would in e-mails. I DID not get my money back till the following day.

 

I have since talked to the seller a few times, very civil of course...he still says he ONLY got $425K not $515K for the car..but adds that it is possible the "Broker" sold it for $515K but he did not share in that profit...I am a little concerned about this comment as he did not seem at all "upset" or concerned that the car was re-sold for $515K when he only got $425..and I find it hard to think someone would burn a bridge over $25K.

 

I have no ILL feeling to the ultimate owner Ben, I dont know exactly how it went down with the deal and I am only happy for him that he got a good car. I am sad to see it get mods put on as it is a special car that should be left fully OEM.

 

As far as legal action...I am still torn as what to do...my Lawyer says it is open and shut, case would be heard here in Washington Venue as the transaction took place here. (money wired, contracts signed etc etc). My damages have already been clearly set by the seller of AT LEAST $25k that he agrees he sold the car more for AND maybe up tot he $115K...but that would be after discovery and subpoenas and bank records to prove he recieved the $515K or an amount greater then the $425 he claims to have gotten. You just cant hide those things, but they would only be produced under depostition and discovery after a suit is intiated. Then there is the fact that an action like this DOES not allow for recovery of legal fee's. ( I do not have that clause in my contract)..of course my contracts have since been re-drafted to carry this new clause in there (another lesson learned). So it could end up costing me at least $25K to letigate it to just collect the $25k..but if it was more it would pay out.

 

as some here have suggested, I to made an offer to put this to bed with the seller. I said IF you only got $25K more, split it with me $12,500...after all it was MY POSTINGS as early as they were, that got you this new money and new buyer. If in fact you got $515K..then KEEP all above the $450K you first wanted ($65K) and pay me the $50K..either way you come out way ahead, everyone is happy and we do not need to make lawyers happy. He declined on both offers to put this behind us.

 

So in the end here, I have 1 year to file an action. I am NOT the action filing type, have never been...have always been able to come to an agreement if two people dont agree and both leave happy. I dont think a action is good for anyone...it just makes lawyers eat better.

 

I am torn on what to do and concerned with everyone in this very public transaction how they would percieve me as taking legal action against another board memeber (seller). Is it really worth all the fuss and drama...I surely dont need the money to make my house payment, its a deal that is not putting me out of business...I did reach out and attempt to negotiate and settle...and I am just left with a bad taste in my mouth and a feeling I am being laughed at every night by a few involved in this transaction.

 

I think we ALL learn from this transaction...and at least that I am happy for, it may easily save someone else from a dis-appointmemnt and headach down the road.

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Roy, trying to be pragmatic here, is it worth 6 months of your life, untold hours dwelling on these details, and the possible upside of a few grand to pursue the suit?

 

As well, you know the internet game of telephone and fanboys. Even if you got $50k after costs, how much is it going to affect the image of your business? In a year nobody will know the details, but you'll always be the guy who sued a client over a deal that didn't go your way. (I'm not at all claiming you are in the wrong, but it's the internet, and that's how it will play out)

 

 

I think in the end I would laugh at the fact that BC paid $515k for car that, if he had talked to you about, probably could have picked up through you and saved $75k.

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Assuming all info in this thread is 100% accurate, It's a shame that Roy didn't get to buy the car. Because Roy is a used exotic car dealer I don't look at the situation the same way as I would if this happened to an end user.

 

I also do not think it is fair to fault BC in any way. He wanted the car and he made the highest offer. Good for him.

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Assuming all info in this thread is 100% accurate, It's a shame that Roy didn't get to buy the car. Because Roy is a used exotic car dealer I don't look at the situation the same way as I would if this happened to an end user.

 

I also do not think it is fair to fault BC in any way. He wanted the car and he made the highest offer. Good for him.

Good points!

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