Don't forget his original story to me was that his MINI saved his life, that he was hit by a drunk driver the week before while on the freeway, and totalled his car, and that the MINI saved his life. He also said that he does the financing over at a Toyota dealership in San Diego. A quick Google after the fact shows his picture at a Toyota dealership in Lemon Grove, as an Internet Sales Manager.

Finally, he told me that he finances Toyotas all day long, but that he drives a MINI because he loves the cars so much and that he wouldn't drive a Toyota even though the company gave him one, and that's why he was interested in mine. Maybe there is some truth to each of his lies, but each story is definitely shaped to benefit himself.

 

Perhaps when (if) the car is sold, it will end up in an enthusiasts garage or create a new enthusiast.

What comes first, the Enthusiast or the Car?

 

I agree, his coniving is why he needs to be beaten with a giant tuna. Unfortunatly, those reasons are not him being a fraud.

 

If the guy that bought your car (who did you sign the pink slip (now a variety of green hues in CA) over to?) is a salesman that is registered with the CA Dept. of Motor Vehicles who in turn screws you by bouncing the check, you can get them banned from selling cars in the state of CA (in addition to other remedies you would have). Just one more reason I doubt the check is going to bounce. Only two more days until the hold is lifted.

It sounds like they are moonlighting on the side. I wonder if that is a permitted activity with their primary employment (Toyota salesman selling non-Toyota brands... outside the context of the dealership even... ). Combined with the bank not telling you the check bounced within 2 business days of it being deposited.... The hold will be released, your bank will have had 3 days interest-free use of the funds, and you will get the rest of the deposit to spend. And, you can focus on doing really great detailing and getting on with the rest of your life. Plus, you have another MINI to replace your first one (most important item)!

 

Explain moonlighting, Ive heard that term, but Ive never used it or knew exactly what it meant

 

A second job...like a cop working as a bouncer in a bar at night.

 

I guess I just don't get it. I can't imagine why someone would make up lies about what they plan to do with a car once they buy it nor can I figure out why someone would care what was done with the car once they got their money from the sale.

The only thing that I would have been uncomfortable with is turning over the car without having the money 100% in my hands at the time I gave up the keys and the title.

If someone offered me my asking price, I wouldn't think twice about selling my MINI to someone who wanted to crush it into a little cube. I'd even probably drop the price a hundred bucks if they'd let me watch them do it.

 

Thats not fraud. Nothing was in writing.

He misrepresented his intentions but hey, you believe everything your told?

If he had written it in the Craiglist description, that might be different.

 

I was written in an email, that still counts

 

When does a fraudulent act or representation need to be in writing? It may be easier to prove with a written fraudulent statement, but circumstantial evidence (where there is no written communication) of fraud is admissable.

I tend to agree that misrepresenting ones intentions generally does not get you to fraud.

 

The buyer misrepresented "WHY" he wanted to buy the car.

He did not misrepresent the car when trying to resell it.

Even if he were ... and it was verbal ... it becomes he said/she said ... lots of luck in getting that through a court system.

Clearly, we dont know the reason WHY is misrepresented his intentions for buying ... but ... so what? I doubt any lawyer would even look at such a case.

 

Guy's he was trying to make some money, I'll bet he does this all the time. He bought a car with good resale well below the market now he will sell it for fair market value. Its the American way.

 

if he had misrepresented the car when trying to sell it (such as rolling back the odometer), that would be fraud. But misrepresenting your reason/desire(s) for buying the car doesn't get you to fraud.

 

But misrepresenting the history of ownership DOES!

 

How is the difference between a 2 owner car and a 3 owner car going to create a presumption of problems with the car? That could be explained as an honest mistake. When you sell your car to a dealer there is definitely a disclosure that you have to make (under penalty of perjury) about the mileage; not so regarding whether you are the 1st or whatever owner (at least in California).

 

Thanks everyone, as many of your have correctly assumed, the check has cleared, the money is in my bank. I wish the new owners of my old MINI luck on selling it and making a profit---if you see a tranny on eBay from these guys--it does making ticking sounds when put into gear, but they don't know that.

Time to go pay off some debts and thanks for the lively conversation this thread has inspired.

 

All's well that ends well. Glad it panned out!

 

It's not just Mini owners, there is a total lack of any ethics left in America. Character has no meaning anymore - in business or elsewhere.

Trust no one - simple moto for me - when it comes to contracts, business deals, and anything financial.

I know how you feel about your older Mini, if we didn't feel that way we probably wouldn't be listing or reading anything here.


Paul

 

Is this really the case or just a "in the good-o-days" type of thing? People have been screwing others over in business since business started. Sales has always been sales, some people have always been willing to lie so that they can get that little bit of extra profit, or convince you out of a few extra bucks. The big difference is that now we have the INTERNET to tell everyone about it

 

From the Italian Job - 'I trust everyone, just not the devil inside them'

 

Didn't you mean to say:
"I wish the new owners of my old MINI luck on selling it and making a profit"?
At least you got the $$. Hopefully it'll end up in the hands of someone who'll care for it.

 

Now I've heard it all. You complain that the guy lied or misrepresented himself when purchasing your car. After all that, you tell us: "it does make ticking sounds when pur into gear, but they don't know that."
Looks like you are guilty of a little misrepresentation as well......

 

They had the chance to take it for a test drive and had a set of ears present (I assume)... nothing funny there.

I say that we all find the car, contact them and take the car for a test drive... through the worst automated car-wash we can find! Swirlmarks galore!!!

 

Sigh...you guys don't read do you??? This was the FREE Spare tranny that I gave them. I'm not talking about the one in the car. I bought MINI coolant, topped off the fluids, bought a new $130 MINI battery, changed the oil and filter--thinking this was going to a new MINI owner. The MINI I sold was perfect, if they want to sell the tranny, they can't disclose the condition of it because they don't know it. I was given the tranny by a friend for this reason. It worked fine except for a ticking sound, but really I don't care. It's not in my hands, and I'm not guilty of anything.

 

+ 1. Time to start enjoying your replacement MINI. The "after" pic you posted of your car sure looked like you put some serious time into the detail. My back started to ache just looking at the picture.