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  1. #1
    Join Date
    Mar 2010
    Posts
    1

    Default Bought a Car and Contract Was Breached

    Hi,

    My name is Ben. I recently bought a mustang out of Winona MS. I live in WA state. In short, I agreed to pay $4200 for the car and the cost of shipping. The seller confirmed this both in his emails and a written contract. I typed up the contract and emailed it to him before sending payment. He printed it off, signed and dated it, and mailed it back to me. I then sent payment in full (which again was to cover the car and shipping costs). I ultimately asked for my money back and he said no. I have not received the title either which he said would be send after payment cleared. I sent payment at the end of January of this year. The contract which he signed and mailed back is as follows:



    "I, (sellers name removed), am selling one 1965 Mustang Coupe to (my name) for the amount of $4,200. This price will include any and all shipping/handling costs from its current location to (my address in Washington). This price also includes the replacement of the damaged gas tank with a stock spec tank. This price will also include the professional repair of present paint bubbles and proper color match and repaint. If the bubble repair is not done to industry standards, I agree to pay half of the repair cost of the lowest bid at a certified paint shop in Walla Walla not to exceed $200."


    I also have all of the original emails, both received and sent.

    He claims he never signed any document and that emails stating he would pay for shipping could have been made by someone else and sent from his email account.

    I threatened to get a lawyer and now I am having trouble getting him to send the title(if there even is one). So now he has my money and I have no car or title. I saw the car on ebay but he sold it to me not on ebay. There was another buyer of another of his cars on eBay who left negative feedback also. I wrote to this person and he told me he filed a police report against him because the seller did not send everything that was supposed to be with the car.

    My thoughts are to get the car and title to me first (I will have to pay $900 to ship it to me) and then go after the amount I had to pay for shipping. Otherwise I am afraid he will keep the car and money and make my day even worse.

    Any advice is much appreciated!

    Thank you for your time.

    -Ben

  2. #2
    Join Date
    Jan 2006
    Posts
    20,740

    Default Re: Bought a Car and Contract Was Breached

    Has he stated he would send the car if you paid shipping?

    If you are still willing to do this, I would not send him the money but you pay a shipper and make arrangements for them to pick up the car.


    Personally, I would strongly suspect a scam and you will likely never see any of your money again but that's just my paranoia stepping in.


    Has he sent you a picture or photocopy of the title to prove he has legal title to the vehicle?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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