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Not getting the 31 Roadster


Guest R-ajax peterson

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Guest R-ajax peterson

Well...its happened to me again. Owner backed out of sale. This, in spite of me paying full asking price, they getting the money, me receiving bill of sale with serial# of car..paid in full etc.

Thanks to you all for your kindness and engouragement. I wish you all well and all things great for the coming " New Year".

Special thanks To "Keiser31", I really enjoyed our talks. I'll keep in touch.

Edited by R-ajax peterson (see edit history)
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Maybe 22,500 was a steal didnt help :D ,

I disagree though, 22,500 seems like alot of money.

Id be surprised if he gets a nickel more, by the way if you have a bill of sale ect for the car than technically it is already your car as far as I know

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Guest MidTNDawg

Frankly, this is the reason I am being cautious about my purchase of a '30 DA and the reason I have posted no pics. Until I have physical possesion, I will remain cautious and not post too much about the car. I hope you continue to try to get one. The guys on this forum are just super and I look forward to being one of 'em. So very sorry for your loss. The pics showed a beautiful automobile. Doug

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Guest R-ajax peterson

Thanks Doug, You are being very wise.

I am in legal pursuit of this car. Have spoken with an attorney. This is the hill I choose to die on.

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Guest MidTNDawg

Go for it. Having retired from the insurance world, I have a natural resistance to suing and other reason as well, but I think you have an obligation to pursue this. Good luck. I live a little West of Nashville so maybe one day we can get together. Hopefully we will be "Dodge brothers" then. Doug

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Thanks Doug, You are being very wise.

I am in legal pursuit of this car. Have spoken with an attorney. This is the hill I choose to die on.

Let us know if there is anything at all that we can do for you, here.

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Guest R-ajax peterson

Thanks Keiser, Honestly ...you have already done it. Support and friendship from you,and others ..that share a common interest (devotion) to our "old cars" outweighs anything..good or bad , that could happen. I am on a commited mission here. I hope I prevail.

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Guest Backyardmechanic

Yes we all will be pulling for you.Here's something else you may want to look into If you sent money thu the postoffice you may be able to get the USA postal officers involved.

Vern

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If he cashed a check from you for the car, then it's a done deal. A bill of sale in hand, plus deposit of funds, don't see how he can't deliver car.

I'm no lawyer and sure I'll hear about it, but the only thing that is tricky on such a contract is real estate, and on real estate, you can back out of a "deal" just about any time. Not so on hard goods such as a car.

I don't think you should be a total you know what about it, but if you made a deal, sent the money, got the paperwork.....it's yours. Good luck...

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Guest Backyardmechanic

Here's another thing.The saler acccept the $$$ on the sale and gave you a bill of sales for the amount.That is a done deal.lock stock barrel.

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Guest Jim_Edwards

The moral of this and similar stories we've heard from time to time is never, never give a seller the full agreed price on any car unless you or your legal representative is there to take immediate delivery and/or upon the seller delivering it to you.

Sure hope you get your money back. Being the suspicious type, in the absence of a title, unless someone can verify the serial number on the car is/was the same which appears on that bill of sale you might just be S.O.L. Candidly, I'd be sending a big nasty repo guy after the car before it mysteriously disappears, if it hasn't already.

Jim

Edited by Jim_Edwards (see edit history)
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Guest R-ajax peterson

I want to clear some thing up regarding the sale of the Roadster to me.

The car was put on consignment for sale by a family. The mother was elderly and in failing health. The cars (there was another also), we're her late husbands.

The cars were given to Blast From The Past Street Rods To sell. They sold me the Dodge. When asking for the title Several days later, a family member said that another family member wanted the car, as the mother had passed away. They are the ones holding up the sale. NOT Blast From The Past Street Rods. Blast From The Pasts owner has been put in the middle of this mess and has been very co-operative, patient and honest in this entire situation. I would never have sent them the large sum of money that I did if I didn't trust them explicitly, I do. I would do business with them anytime. They are absolutely stand up people.

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Guest Jim_Edwards
I want to clear some thing up regarding the sale of the Roadster to me.

The car was put on consignment for sale by a family. The mother was elderly and in failing health. The cars (there was another also), we're her late husbands.

The cars were given to Blast From The Past Street Rods To sell. They sold me the Dodge. When asking for the title Several days later, a family member said that another family member wanted the car, as the mother had passed away. They are the ones holding up the sale. NOT Blast From The Past Street Rods. Blast From The Pasts owner has been put in the middle of this mess and has been very co-operative, patient and honest in this entire situation. I would never have sent them the large sum of money that I did if I didn't trust them explicitly, I do. I would do business with them anytime. They are absolutely stand up people.

Given that explanation, who currently has physical possession of the vehicle, and who actually has your money? To say this is a mess would be an understatement.

However, with that said if there was a legitimate consignment agreement between the party you thought you were buying from and the Executor/Personal Representative of the Deceased the legal issue basically is between those parties and eventually the Estate is going to be surrendering the title unless the consignment agreement failed to give the party you contacted and sent money the exclusive right to sell at a minimum price or better for a specific period of time. Now if that time had expired get your money back if you can as the Estate is under no obligation to deliver.

On the other hand, assuming a valid assignment agreement, if the party you believed to be selling the car is without the financial ability to wage a legal battle for the title you'll never get it, the car, and maybe not the return of your money. The one glimmer of hope in this matter would be through you and Blast From The Past Street Rods to jointly take the matter before the Probate Court involved with the Estate and the Judge will quickly figure out if the Estate is legally obligated to deliver the car and the title and can so order. Anticipate the Judge will rule you personally have no position in the matter as far as the Estate is concerned. If the party who made the consignment agreement for the Estate is not the legal Executor/Personal Representative of the deceased you won't be getting the car and maybe not the return of your money, but you may have the satisfaction of knowing someone may be arrested for fraud through misrepresentation of having legal capacity to contract with Blast From The Past Street Rods in behalf of the Estate.

In any event, it will be weeks, maybe even months before you see that car though maybe being legally entitled to it. The wheels of justice turn slowly. Hopefully a threat of getting the Probate Court Judge involved in the matter will bring it to a quick resolution.

Friggin' Mess!

Jim

Edited by Jim_Edwards (see edit history)
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