Consumer Law, Warranties Verbal and E-Mail Contract

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seank80

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Hey,

I have a question. I was selling a car on an online forum that I belong to. I got e-mails from an individual on Tuesday August 9th at about 10:00 to 11:30 pm. He stated that he had to hear back from me ASAP that night or else he was going to bid on another car. I e-mailed him after the time he stated and told him if he was still interested to call me. He called me the next morning and told me he pulled his bid out for the other car and wanted my car. He wanted it as soon as possible. I told him it would be ready the earliest on Saturday. We walked around a price and never really agreed on a set price for the car. I then asked him about payment and he stated it could be in a check. He said he would take out a 12k loan for the car to get it painted which is 4k over my asking price. Instantly I thought fraud. So i said cash deal or nothing. He then told me he would not come up to get the car. I was told he rwould send somebody else to pick it up. I was getting a little nervous at this point. I asked about plates and he said it would be ok to drive all the way back to Mississippi without plates. I started getting really nervous because on his first e-mail he said he had the cash and was ready to do the dealing. I was told them to fax my title to a number which he said was a bank. I never got any contact information from him such as address or home number. I don't even have his full last name. He then told me I needed to pick the person up at the airport because he was 24 and couldn't rent a car. I btw have rented a car in NYS while being under 25 but had to pay an additional cost. The airport is about 60 miles away from my house so I agreed to do it for a charge. I had requested the info for the gentleman driving back and also the buyers info. I didn't get it. I e-mailed him the night before the person was supposed to fly out and he never responded to me. I was really nervous at this point for my car because it's a collectible car with 7k in upgrades. He called me at about 10pm the night before the deal was to take place and told me they were on the flight. All of a sudden there were two people who I had to pickup. I definately was never told about there being a second person and the caution flag went up. I e-mailed him and stated I was not picking up two people. I had called a few people and they said it sounded like a robbery or car jacking. I was concerned for my safety. I told him I wasn't going to meet them and the deal was done. I had a bunch of doubtrs and the rush of this deal with no infomation from his side made me worried. I do not know what would have happened because they wanted to do the deal at the airport. I could see them starting the car to listen to it and taking off in the car. I was contacted by the gentleman who wanted to buy the car. He is stating that he is going to sue me for the travel expenses incurred by the two people he was sending up here unless I sell him my car to make it right. I at this point have no desire to sell him my car but I do feel bad if he was in fact a genuine buyer. He is not a regular member of the board and his phone number cannot be found in reverse lookup. He has all my info including the vin, my name, address, and phone number. He stated the e-mails will be proof of a contract and he recorded all my telephone conversations(without my knowledge). I never mentioned the sale as in contract form. I also never agreed to pay any travel expenses for any party. He and I never had a written contact and I never got any type of deposit from him. I need to know where exactly I stand on this issue because I am concerned. Thanks.
 
I'm no lawyer but...

I surely think you spotted a scam. I wouldn't worry about it. Criminals don't take people to court often and I don't think he has a case against you for the travel expenses. As I've seen in many internet scammers, hes just trying to scare you into giving up. It would cost him money to file a suit and I would most likely guarantee that he understands his position would not look good in court. The deal wasn't finished with any legally binding contracts so I think you were well within your rights to back out.

Best of luck
 
I pretty much agree with lost, this sounds so fishy that I would not be too afraid of being taken to court. I woud rather watch my house for the next couple of days...
 
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