Did I sell the car?

I'm with the crowd. If he came tonight, sell for the agreed price. Otherwise, tomorrow will be another excuse, then another.

^That. I've had more times where I changed family plans and stayed home to wait for flakes to "buy the car" than I care to admit. I no longer hold anything unless there is a non-refundable deposit in hand.

The way I see it, the car is up for anyone until the auction ends. If he shows up with the cash before the end of the auction, then that's the pre-arranged deal. Is he aware that there's a time constraint here?

It actually sounds like you might have an enforceable contract here: offer, acceptance, meeting of the minds, sufficient consideration. However, since the value of the good exceeds $500 you've probably got a statute of frauds defense too. You'd have to check your state contract law to know for sure.

And because I'm paranoid like that, I'd disable the car and/or block it in somehow, not that it disappears in the night....

Otto Maddox wrote: Dude finally contacted me. Says he can't come until tomorrow afternoon but he will be bringing cash. I told him we can discuss again in the morning.

Legally speaking, you two had a legally enforceable contract. That meant he is legally required to come then, with the cash.

Whoopee.

So, the original contract is now voided by mutual consent it appears, and you would be free to do as you wish.

It doesn't appear you entered into a new contract, just an offer to consider selling to him at another time.

meanwhile....what is the auction at?

On eBay, you are contracturally obligated to sell to the highest bidder UNLESS you put in the disclaimer that you have the car for sale elsewhere and thus reserve the right to end the auction early.

Also, eBay's contract allows the buyer a legal 'out'; if the buyer arrives and discovers the vehicle is not as advertised the buyer can exercise the right to withdraw their bid.

Your verbal contract with this other guy is not worth the paper it's written on. It's unenforceable. Now, if there are text messages, emails etc that can be used to back things up that's a different story.

And yeah I too have had problems with flaky buyers. It's at the point where, if someone calls me and wants to come see the car or whatever I get their name and phone number, then tell them if they do not show when they say they will then they will never be able to purchase whatever it is, don't bother to call back. That's worked well; I once had a guy call me in a panic because his truck broke down while he was on his way to pick up some Spitfire body parts. I let him off the hook and sold him the stuff anyway.

Curmudgeon wrote: On eBay, you are contracturally obligated to sell to the highest bidder UNLESS you put in the disclaimer that you have the car for sale elsewhere and thus reserve the right to end the auction early.

You are under no obligation to put that disclaimer in an ebay ad. You can end an ebay auction at any time before the end without consequence (done it many times) but once its ended, then yes, its a contract (although as history has shown not very enforceable)

Just sitting here...waiting on my money.

Or $4200, as the case may be.

Coming this morning became coming tonight. The buyer decided to make it a day trip with shopping with his woman. They are going to stop at the outlet malls and have a nice meal too.

Seems like way too much detail if he is just yanking my chain...right?

Nope.

INB4 he doesn't show.

Otto Maddox wrote: Coming this morning became coming tonight. The buyer decided to make it a day trip with shopping with his woman. They are going to stop at the outlet malls and have a nice meal too. Seems like way too much detail if he is just yanking my chain...right?

Sounds like set up of why he will be hundreds of dollars short of the agreed price when/if he does show.

jrw1621 wrote:

Otto Maddox wrote: Coming this morning became coming tonight. The buyer decided to make it a day trip with shopping with his woman. They are going to stop at the outlet malls and have a nice meal too. Seems like way too much detail if he is just yanking my chain...right?

Sounds like set up of why he will be hundreds of dollars short of the agreed price when/if he does show.

QFT

If somebody sets up a meeting to buy something and postpones, I give them three more phone calls. After the third one, if the deal isn't done, I stop responding. If they really want it, they will call back. They rarely do.

This car was not sold to this joker 2 days ago the first time he didn't show. My virtual money is on he never told wifey about the car and she'll ex-nay it, assuming he shows up at all.

The suspense is killing me.

I had a great CL experience selling a few Yakima roof rack bits a couple of months ago, but am currently trying to buy a van and am in the depths of "In the name of all that doesn't suck, return my calls and show me your vans so I can give you this stack of Benjamins I've had sitting on my desk for two weeks!"

If you were selling me a van, we'd both be much happier by now.

Grtechguy wrote: meanwhile....what is the auction at?

this might be it

http://cgi.ebay.com/ebaymotors/1998-Lexus-GS400-good-condition-all-records-NO-RESERVE-/300690517967?pt=US_Cars_Trucks&hash=item46028d2fcf

In reply to Cotton:

eBay is blocked at work. But I am pretty sure that be it.

I hate selling cars. The wife is ready to sell her Pilot. I am just going to trade it in. Getting massacred at the dealer is at least relatively quick.

I'll trade you the MX6 for the GS400.

And i WILL show up. I'll be there tomorrow if i have to.

I had a "friend" (at church, no less) with a BHPH lot who told me he might be able to get me $500 for it. He said I could sell it myself, but I'd probably only get maybe $1500. Is it possible to sell a car without everyone trying to berkeley you?

92CelicaHalfTrac wrote: I'll trade you the MX6 for the GS400. And i WILL show up. I'll be there tomorrow if i have to.

I had an '88 MX6 GT, silver with a 5 speed back around 1995. Nice car. Yours looks quite a bit faster.