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R50/53 Private Party MINI Sale Goes Wrong...

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Old Dec 5, 2006 | 11:40 AM
  #76  
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That's Very unfortunate

I'm glad you shared that with everyone.....good people need to stick together. Don't ever mastake your gut instinct, it's never done me wrong.

It's unfortunate to those who are really interested like myself, when I saw that I thought it was going to be mine being that my first Auto loan only gave me a cap for $15,000.

Well just remember the great thing about Karma...what goes around comes around....you will get blessed in one way and the robber will get stiffed in another.

God bless the good people.
 
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Old Dec 5, 2006 | 11:53 AM
  #77  
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Originally Posted by caminifan
How is it kiting? Kiting is where you write a check without the funds in the account to cover the check.
Kiting is taking advantage of float - the time it takes a bank to collect on your check. Technically what the bank is doing is not kiting, as it's not illegal for banks to do it, but when they have your money in a day or two and don't allow you access to it for 5-11 days, to me it's the same thing. Reality is that regulations have not kept up with the technology.

From investorwords.com
Illegally benefiting from float, for example by depositing and drawing checks between accounts at two or more banks.
 
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Old Dec 5, 2006 | 01:17 PM
  #78  
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Originally Posted by Catastrophe
I just looked over the Pennsylvania consumer protection laws (and I am 100% POSITIVE THAT CALIFORNIA IS TOUGHER) as reiterated by my automotive business teacher.

It claims that you must not state any false fact. Well, it wasnt a trade in. This guy deserves to go down. I dont know why, but this guy being a sneaky tard like that really grinds my gears (and I have a 5speed:impatient)
The ad is here http://orangecounty.craigslist.org/car/243614966.html

Where does he say he took it in tradein?
 
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Old Dec 5, 2006 | 02:04 PM
  #79  
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Originally Posted by OctaneGuy
Man, you really should get the facts straight before you speak:

Here is a part of my original posting on Craigslist:

For Sale--Los Angeles near LAX 90066
SERIOUS PRIVATE BUYERS ONLY. NO DEALERS, RESELLERS, OR ANYONE THAT'S INVOLVED IN BUYING AND SELLING CARS. I'm relisting this car because the previous transaction failed to complete. I will accept CASH only and no substitutes or equivalents. I will not get burnt again, so please don't ask. I'm looking for a good home for this car, not a parking lot for you to make a quick buck off me. I've also adjusted the price $2500 less than the previous listing. This price is NOT negotiable. As others have said, this is the cleanest MINI they have seen-cleaner than any previously owned MINIs from the dealer!

2003 Indi Blue/White 5 Speed MC with 65,000 miles with factory leather, DVD nav, and all packages (Sorry no HK audio or cold weather). ....
Hmm, I'm even more confused. You'll accept only cash, except that you took a cashier's check that you're now sweating over. The price is NOT negotiable, except that you did renegotiate it.

I like my cars to go to a good home too, but the bottom line is that you're selling used machinery, not your sister.

Neil
05 MCS
96 M3
03 525iT
77 MGB - Original owner, sold to a good home this year, for cash.
 
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Old Dec 5, 2006 | 02:14 PM
  #80  
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You can sell your SISTER? Why didn't anyone tell me this fact before??
 
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Old Dec 5, 2006 | 02:15 PM
  #81  
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From: A street address or space indexing system.
My God that makes me so mad. I can't believe someone would do that. He won't even tell the buyers how well you took care of that car. I bet after one week they'll whip through an auto car wash.

I am so sorry. I wish there was something I could do.
 
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Old Dec 5, 2006 | 02:16 PM
  #82  
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From: A street address or space indexing system.
UPDATE! I emailed him and now he says he is not a whole seller. He says this:

"I am driving it but I have a family member who has cancer and I need to loan them $40k and I am selling two cars."

Yeah right. After a few emails, he now says that his uncle is a whole seller but he is an individual.

Ugh. I'm sorry.
 
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Old Dec 5, 2006 | 02:23 PM
  #83  
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Originally Posted by ImagoX
You can sell your SISTER? Why didn't anyone tell me this fact before??
 
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Old Dec 5, 2006 | 02:25 PM
  #84  
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Deleted!

The
 
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Old Dec 5, 2006 | 02:26 PM
  #85  
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Deleted!

The ad has been deleted from the OC Craig's List by the author!
 
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Old Dec 5, 2006 | 02:35 PM
  #86  
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I have sold many cars over the course of my life. It has never occured to me to worry what the purchaser was going to do with the car after I sold it.

Someone please enlighten me. Isn't a cashiers check as good as cash? Isn't it the same as a certified check?
 
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Old Dec 5, 2006 | 02:38 PM
  #87  
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From: MO
Originally Posted by Jim Ray
That is why I sold my 05 MCSa on eBay. 12,000 miles, 9 months of usage. "Flame MINI", Chili Red with an Orange roof.

Listed it on NAM, not a bite. Not even an Email.

Listed it on eBay, with 80 photographs. Took pictures of every part of the car. Sold it for $400 more than I paid for it new.

Sold it to a buyer in Kiev, Ukraine who sent me a cashiers check for the full amount in advance. Drove it to NYC and dropped it off with the shipper.

If he keeps it, or if he sells it, it will go to a person who loves MINI's. If they didn't, they would buy a Toyota.

I miss it, it was my favorite MINI so far. The money that I got for it is now in GP0019, and someday it will be gone also, to the one who pays the most for it.

If you want your MINI to go to a private party for the most money, market it, even if it does take work. NAM is a great place to buy, and a convenient place to sell.
You have got to be careful with foreign transactions. A cashiers check drawn on a foreign account can take 2 weeks to get to the processing bank. When it gets there it is shown as a forgery and the banks take the money out of your account. You are left with no money and your goods are gone. I deal with karting equipment and this has happend more than once in our industry. Your transaction went fine so there are good people out there to deal with, you just have to be careful.

A wire transfer is the best way to deal with this. Money is wired into your account from their bank. Once in your account it is yours, period. There is no way to get it back other than sending it back to them.
 
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Old Dec 5, 2006 | 03:39 PM
  #88  
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Originally Posted by wrx_xb9r
You have got to be careful with foreign transactions. A cashiers check drawn on a foreign account can take 2 weeks to get to the processing bank. When it gets there it is shown as a forgery and the banks take the money out of your account. You are left with no money and your goods are gone. I deal with karting equipment and this has happend more than once in our industry. Your transaction went fine so there are good people out there to deal with, you just have to be careful.

A wire transfer is the best way to deal with this. Money is wired into your account from their bank. Once in your account it is yours, period. There is no way to get it back other than sending it back to them.
Really?? I made a killing, the bank in Nigeria is going to send me an extra $200,000 for putting the $1,000,000 cashiers check in my bank and sending the change back. What a deal! It should clear any day now!
 
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Old Dec 5, 2006 | 03:52 PM
  #89  
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Originally Posted by Jim Ray
Really?? I made a killing, the bank in Nigeria is going to send me an extra $200,000 for putting the $1,000,000 cashiers check in my bank and sending the change back. What a deal! It should clear any day now!
good luck with that
 
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Old Dec 5, 2006 | 04:48 PM
  #90  
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Originally Posted by Eric_Rowland
No, after they get the cashier's check, it's all on the bank. The original person who drafted the cashier's check surrendered the cash when the check was written. Now it's just the bank essentially 'kiting', though I believe they do have to pay interest, assuming it was deposited into an interest bearing account.
but they can cancel the check at any time...

Originally Posted by OctaneGuy
I called the bank, and they say the buyer could put a stop payment on the Cashiers Check if he wanted to.
 
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Old Dec 5, 2006 | 06:07 PM
  #91  
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Originally Posted by Fred911
I have sold many cars over the course of my life. It has never occured to me to worry what the purchaser was going to do with the car after I sold it.

Someone please enlighten me. Isn't a cashiers check as good as cash? Isn't it the same as a certified check?
I concur with your post. I sell something and get what I ask I have no concerns what the buyer does once my money is in hand. Now if I was selling my wife I would be pissed but my car, hell it is only a car.
 
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Old Dec 5, 2006 | 06:59 PM
  #92  
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There is something called due dilligence...

it's the business equivalent of "trust but verify". Really, if you want conditions on your sale, it's up to you to confirm that the buyer is representing themselves honestly. But really, who cares where it ends up? What if the buyer just plain changed their mind (I don't think this is the case here though). Stuff happens. You got your money, be happy. It's not your car anymore.

Sadly, it's really hard to go on trust these days. So many scammers.....

Matt
 
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Old Dec 5, 2006 | 08:47 PM
  #93  
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Originally Posted by Eric_Rowland
Kiting is taking advantage of float - the time it takes a bank to collect on your check. Technically what the bank is doing is not kiting, as it's not illegal for banks to do it, but when they have your money in a day or two and don't allow you access to it for 5-11 days, to me it's the same thing. Reality is that regulations have not kept up with the technology. [Emphasis added.]
Actually, I think that greed (fueled by advances in technology) has outstripped regulations.
 
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Old Dec 5, 2006 | 08:49 PM
  #94  
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So you saw the car listed for sale after you bought it right. So you you now know where to find the sellers of your car. Call them up and get the address. Or publish their address here and we will harass them in our own private way.

Or lets get really sick about it. Get the address and we will go and make the car unsellable. It would be fun.
 
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Old Dec 5, 2006 | 09:01 PM
  #95  
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Originally Posted by AlpinaM3
So you saw the car listed for sale after you bought it right. So you you now know where to find the sellers of your car. Call them up and get the address. Or publish their address here and we will harass them in our own private way.

Or lets get really sick about it. Get the address and we will go and make the car unsellable. It would be fun.
Well, that would give the buyer recourse for damages sustained. I don't think that is the object of the exercise. Presuming the check clears, the deal is concluded (offer - acceptance - consideration); the seller gets the price that they accepted for the merchandise, the buyer get the merchandise that was sold by the seller and is free to resell or otherwise dispose of the merchandise that they just bought (subject to the rest of the laws in California).

If there had been a written sale agreement with representations about a private party sale that was violated, then there could be recourse. But even with recourse available, is it worth getting into a pissing contest? It would cost way more than $13,000 to file suit and get the transaction reversed or to get a judgement for damages due to the transaction not being a private party sale.

If the check doesn't clear, there are all sorts of remedies available, and you can likely get the local law enforcement establishment to do a lot of the heavy lifting for you. But since the bank hasn't been in contact with you about a check bouncing, I doubt it will come to that.
 
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Old Dec 5, 2006 | 09:17 PM
  #96  
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Originally Posted by batgirlwildcat
If you get your money, let it go. Things could've been worse...
I think BGWC's statement puts it best. I won't hijack the thread but as I started to read Richard's post I thought it was going down a much worse direction I've been down before, (which involved 6 months of court appearances, but I digress)

I completely understand why Richard had to let off a little steam and hey- what better place than "MINI Talk"... I've always said that "humans are the only creature that can look you in the eye and lie to your face." and well, i rest my case.

What's done is done. I look forward to hearing the when the check clears!
 
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Old Dec 5, 2006 | 10:18 PM
  #97  
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Originally Posted by qwertmonkey
UPDATE! I emailed him and now he says he is not a whole seller. He says this:

"I am driving it but I have a family member who has cancer and I need to loan them $40k and I am selling two cars."

Yeah right. After a few emails, he now says that his uncle is a whole seller but he is an individual.

Ugh. I'm sorry.
What a douche bag. I hope that he gets some type of awefull disease that effects his rectum.
 
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Old Dec 5, 2006 | 10:39 PM
  #98  
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If these "dealers" bought your car the check will be fine. That’s what they do: buy cars and resell them. They would be so easily caught, I mean look how you found them. I am sure they don’t go around and buy cars and have the bank write bad checks. Thats a good way to get wacked in this city. Anyway, bank CCs can't be stopped arbitrarily by law. Only if the check does not get cashed for a specific period of time the maker stop it. There are other bank instruments that can be stopped but not a CC or draft.

If it really pisses you off call the State Board of Equalization and file a compliant anonymously or call the DMV and ask them about it. They are probably not going to register it until they resell it so you will be the last owner of record. As a matter of fact, if you dated the Pink they may have to register it unless they fall into some special dealer ownership. You are in CA correct?

I can understand your feelings after all you could have been made the extra money on it instead of them. But you reached your time limit on the thing and now its done. Let it go, there are more important things to worry about.

 
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Old Dec 6, 2006 | 12:34 AM
  #99  
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Thanks everyone for your comments and support. I'm really not upset about the transaction. I made this post because I was lied to, and the individual that told me about it was lied to by the same people. I'm not upset that I didn't get more money, it never was about the money. As for the person who reviewed my Craigslist ad and took everything literally---if you understood my mindset--that another MINI owner was buying my car---I didn't mind bending the rules for another owner. It was there to filter out the dealers and anyone that was looking for a super cheap car to buy.

That WAS what everything was based on. That here was a MINI owner, buying my car, he asked for $300 off, there was no negotiation. I just said fine. I accepted it. I thought it was a low blow because I knew the car was worth more, but I just wanted to get this done with--the buyer knew that I wasn't about to blow the deal over $300. And had this been a legitimate MINI owner, I would have felt that I had helped him out with getting a nice new car--instead of just adding profit to a sneaky wholesalers pocketbook.

As for Dr. Obnoxious---that's the point of this whole thread--I DON'T have the money yet.

As for the person that asked about the trade---that is what the seller told the individual that first told me about my just sold car on Craigslist--the reason that he had this car. That he got this MINI as a trade, and now he wanted to sell it.

Anyways, I've been busy detailing cars, did a GP today, and that will make my week pass more quickly until Friday rolls around when I can hopefully report good news (Thanks Eric!).
 
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Old Dec 6, 2006 | 06:11 AM
  #100  
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From: Spring City, PA/Williamsport, PA/Benton, PA/Devon, PA
Originally Posted by chows4us
The ad is here http://orangecounty.craigslist.org/car/243614966.html

Where does he say he took it in tradein?
First page, when the guy contacted him

Originally Posted by OctaneGuy

The NAM member replies to the ad, and the guy says he's a wholesaler, and that he got this car from a trade with a 2006 MCS and that he wants to sell it.

Then he changed his story twice here

Originally Posted by qwertmonkey
UPDATE! I emailed him and now he says he is not a whole seller. He says this:

"I am driving it but I have a family member who has cancer and I need to loan them $40k and I am selling two cars."

Yeah right. After a few emails, he now says that his uncle is a whole seller but he is an individual.

Ugh. I'm sorry.

This guy is a fraud, a sneak, and a jackass. He needs to be flogged and keelhauled...
 
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