Captain Colonial Posted April 6, 2016 Share Posted April 6, 2016 He accepted your deposit and if you have a detailed receipt to that effect, he is obliged to sell you the car. The fact that he wants to sell you the car not for the same price as the eBay buyer, and not £1 more but £100 more than the eBay bid, makes me deeply suspicious that he got a mate to run he bidding up on eBay to screw you into paying more.If you have a detailed receipt, the car is yours and you should exercise your legal rights to buy it at the agreed price. If you don't, a little lesson learned - get your deposit back immediately and look for another, everything for a reason and there will be another one just as good or better out there. Either way, I'm betting there's a Herald club online - I'd find it and blast the seller online once it's resolved. I'm willing to bet there's every possibility that if you call his bluff, the car will show up again on eBay or he will call you and say the deal fell through and offer you the car again.Sympathies to you both. Quote Link to comment Share on other sites More sharing options...
stephenh Posted April 6, 2016 Share Posted April 6, 2016 Definitely your car, if you still want it. You don't even need anything in writing, in law a verbal contract is valid, it is just a case of evidence. But you have evidence in the form of the deposit. If he didn't take it off ebay then that is his problem, not yours. Quote Link to comment Share on other sites More sharing options...
Man On The Clapham Omnibus Posted April 6, 2016 Share Posted April 6, 2016 I'd take the money and look elsewhere - if the money is forthcoming that is. He sounds like a full-on to me and unless I had seen and inspected the car in the flesh, I would not trust him an inch. Sorry, but that's life. Quote Link to comment Share on other sites More sharing options...
Dave Eastwood (Gadgetman) - Club Chairman Posted April 6, 2016 Share Posted April 6, 2016 Forgive me, I'm not sure if you've examined the car, or just had photos/video. (Or had a trusted third party look at it). Assuming it's not been inspected, then I'm with MOTCO, if he's prepared to stitch your lad up on the deal/price, he's prepared to stitch him up in other areas too. It may be absolutely as described, or there might be all sorts, hidden under a shiny new paint job. I'd have zero trust at this point and consider getting all money back a close escape! If it has been checked and is what it's represented to be, then, if your lads heart is set on it, then you could proceed down the "we have a contract" route, with caution. But I'd make sure that is really what you all want to do, as things like this have a habit of really souring how you feel about something that is quite an emotional purchase, (as in buying with heart as much as head). Quote Link to comment Share on other sites More sharing options...
XTR2Turbo Posted April 6, 2016 Share Posted April 6, 2016 The law is very clear .. a deposit means there is a contract to purchase. Just giving you your deposit back does not release him from the contract. Likewise, having paid the deposit you are obligated to complete. Your exposure legally is not just the deposit however in most cases a seller would not hold you to more than that. As others have said, your legal right and what you actually want to carry through are two different matters. As an aside . in law cash transactions are considered acceptable and you have up to 3 months to complete a transaction. So if you want other than this stipulate it in the terms of the deposit. e.g. complete by bank transfer within 3 weeks. I know all this because my brother has a case going through the courts at the moment. I should say it will be in his favour and because the seller did not accept mediation and all other options to mitigate, he will be liable to all costs which will end up being considerably more than the original £2k deposit. Quote Link to comment Share on other sites More sharing options...
pistonbroke Posted April 6, 2016 Share Posted April 6, 2016 Tell him in light of what he has said you are now considering suing him for a breach of contract 1 Quote Link to comment Share on other sites More sharing options...
Dave Eastwood (Gadgetman) - Club Chairman Posted April 6, 2016 Share Posted April 6, 2016 You require return of deposit plus reimbursement of expenses! Hotel booking, time off, train tickets, whatever you and the lad have incurred. Quote Link to comment Share on other sites More sharing options...
Dave Eastwood (Gadgetman) - Club Chairman Posted April 6, 2016 Share Posted April 6, 2016 PS, I'm not trying to imply trying to obtain money for non-existent trailer rentals etc. Or ramping up some huge bill. Just making sure he understands that what he's done isn't without consequence, and that you have out of pocket stuff, even if it's just booking fees and £15 insurance cancellation fees or whatever. Quote Link to comment Share on other sites More sharing options...
mick byrne Posted April 6, 2016 Share Posted April 6, 2016 Sounds like you may have had a lucky escape,if the cars like its owner. Good to know your lad wants to do his own thing. Some more old/fun smokers you may want to consider, renault 4,mini,early renualt 5, mk1 fiesta,kadett. Happy hunting! Quote Link to comment Share on other sites More sharing options...
Sparkymart Posted April 6, 2016 Author Share Posted April 6, 2016 NEW UP DATE....we got our deposit back on the car yesterday and as Scott predicted the new buyer has was unable to get a trailer to get the car from Durham to Birmingham so has had to let it go and the seller has come back to my lad today and said we can he can have it for the original agreed price... But once bitten twice shy 2 Quote Link to comment Share on other sites More sharing options...
Captain Colonial Posted April 6, 2016 Share Posted April 6, 2016 I do hate being right sometimes. Glad you got your money back and are avoiding the seller like an Ebola sandwich. There's a better one out there somewhere. Quote Link to comment Share on other sites More sharing options...
jeff oakley Posted April 6, 2016 Share Posted April 6, 2016 This is back on Ebay tonight for £3999, so where was the other seller? Quote Link to comment Share on other sites More sharing options...
Sparkymart Posted April 6, 2016 Author Share Posted April 6, 2016 I think it was was a hard decision to let it go as he had his heart set on it but like aa few have said something else has and only 20 miles away, and one for all you car buffs.... A Bond Equipe and we are going to look at it tomorrow it's not as pristine condition as the triumph but it's a rare beast Quote Link to comment Share on other sites More sharing options...
Yanto Posted April 7, 2016 Share Posted April 7, 2016 Arguably a better looking car and no body rot! Still plenty of places to check for corrosion though. In your son's shoes I would go for the Bond over a Herald purely on looks if it is mechanically ok. Quote Link to comment Share on other sites More sharing options...
Man On The Clapham Omnibus Posted April 7, 2016 Share Posted April 7, 2016 This is back on Ebay tonight for £3999, so where was the other seller? My Dad bought a brand new Herald 1200 in 1962 just before the tax regime changed to the effect that he could have had a Vitesse for the £700 he paid! FWIW I'd go for the Equipe too despite knowing next to nothing about them. The Heralds I had at no more than seven years old were maintenance nightmares so what one at the age they all are now would be like I dread to think. For example the fibreboard gearbox cover on mine was falling to pieces; can you get one of those any more? It sounds as if you may have had a lucky escape. Quote Link to comment Share on other sites More sharing options...
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