Well I just read the hole thing, and I am sure this will be nothing new, but what is a forum without putting in your 2 cents ?
I have talked to GTX on my forum and he has helped me on my 1970 440 duster with some questions that I have had. But I won't side with him because we have a relationship, and Hemicop and I don't.
I have sold and Bought MANY cars. Here is the deal If you are looking at a car, over the internet, or in the newspaper it is very risky to Buy it Sight Unseen. Esentially thats what a deposit is.
I don't know how far you had to drive Hemicop, But when I bought my Duster, that I am working on now, I emailed the guy back and forth about 20 times, and I then Drove down across the USA border, and then continued to drive another 3 1/2 hours JUST TO LOOK AT IT. I didn't give him a depsite YET, because I am not comfortable buying a car sight unseen. I then Walked around the car a dozen times, Went in it, then under it, and all around it. Then I would stand back, and talk on my phone to my better half, and a Freind of mine about it. Does this sound familiar????? this is exactly what you did, the only difference is that I havn't agreed to buy the car and I have NOT given a deposit yet! YOU DID!!!!!
after I talked to my freinds, I then made an offer, we agreed on a price, then we talked about a depsoit and the holding terms ( ie 3 days to pay remainding amount, and Non refundable if time expires, Got his/my Drivers licence #, address /phone# and full name, and full purchase price, and amount owing. We also wrote all this up on an agreement/deposite receipt. then I left and started my long ( expensive ) drive back.
This is the only thing that I would sugest to GTX. Whenever a deposit is talked about I ALWAYS STRESS
The deposite is non refundable and only holds the car till the date agreed. and all that is on the deposit receipt.
I know that is what a deposit is, but its amazing how many people don't know that IE hemicop, and some other guy on page one that wrote ( Give him the money back or beat his a$$) this way there is no missunderstandings.
Back to my story, as i was driving home from looking at the duster, guess what happend? My truck broke down. So here I am at the side Of I5 beside the tualup casino in november shivering with my dog, waiting for a canadian tow truck to drive a good 2 hours down in the states just to pick me up. and by the way it was 10:00pm when I called the tow truck. So I phoned the guy who I Just Bought the car from and explained my ordeal, and that I have no idea what is wrong with my truck, and depending on what is wrong, and how much it costs, I may have to back out of the deal. ( NOTICE I SAID BOUGHT!, Not left a deposit. because that is what a deposit is!) I told him to keep the car advertised because I won't know what is wrong with my truck for a day or two. and if the car sells it wasn't ment to be. But if it does sell, I would understand if he kept the deposit, But I would really apreiciate it if I did get it back. I didn't get a confirmed answer to that from him which is fine.
After a $350 tow bill, I got home, the next day my mechanic found that it was a cracked wire on my colum on My cummins ( got to love Dodge wiring) I phoned the guy back that day, and said I can still buy it, and that the deal is still on. and I got the car 2 days later.
i think the moral to this story and this post is...
A. If you are excepting a deposit for ANYTHING, Make sure the stipulations of the depsit is agreed apon, and there is an expiration date. and that it is in writing.
B. If you are giving a deposit understand that it is NOT REFUNDABLE, unless otherwise stated, and that you have a writen copy of the terms of the deposit and understand it fully. also understand that the deposit is to the rules of the seller, but can NOT change once they are agreed and writen down
I have sold lots of cars, and I allways make a receipt with the agreements even if the buyer says, no don't worry I trust you.
Hemicop, you don't deserve a refund.
GTX, if you didn't have the terms of the deposit in writing...you should from now on.
I hope some other people will learn something from all this.
A wise man once told me...
If everyone got there deposit back,
What would the point in having a deposit be?
Oh wait, I just made that up ;)
Phil