Posted 2009-01-17 7:46 PM (#97679) Subject: Buyer decides she doesn't want trailer after deal is done
Veteran
Posts: 236 Location: Little town in Pa
Here's the story .. I had an acqaintance who I told my trailer was for sale and she offered me a price and I accepted it. She had seen the trailer a couple times a couple years ago and said she liked it. I also emailed her recent pictures. Strangely enough she does not want to come out and see it again, she just wants to buy it. On Friday we transfer the title and I am paid. On Saturday I deliver the trailer, show her a couple things and leave. Later that day she call me and says she really does not want the trailer. She does not say anything too specific other then she thought there were cabinets in the dressing room, even though I showed her pictured that had no cabinets in the dressing room. The trailer NEVER had cabinets in the dressing room. When I mentioned the pictures I sent her, she said, "well I really never looked at them" I am certain I am under no obligation to do anything further but I wanted to know what you all think. I have a new found respect for trailer dealers, this junk is way to stressful.
Posted 2009-01-17 8:17 PM (#97682 - in reply to #97679) Subject: RE: Buyer decides she doesn't want trailer after deal is done
Veteran
Posts: 285
If she did give you a check then I say you might be in trouble if she decides to stop payment, but if you have clear payment, then I would not worry about it. Did you give her a bill of sale that said sold as is by any chance? Seems to me you gave her every opportunity to come look at the trailer and you did send pics so it was not like you were misrepresenting it. Keep us posted. Sounds like someone I would not want to have any further dealing with.
Posted 2009-01-17 10:14 PM (#97685 - in reply to #97679) Subject: RE: Buyer decides she doesn't want trailer after deal is done
Regular
Posts: 85 Location: Ocala, FL
Run to the bank!!!!! She has your trailer and you have the money! Sounds like the deal is done to me. If she paid by cheque and you can get it cashed before the stop payment comes through, you will be OK. This happened to us when we sold a truck. We sold it on a Friday night and ran to the guy's bank on Monday AM because we really didn't know him that well. The next thing we heard on Tuesday was the bank called us and asked us to return the $6000. they had given us in cash and we laughed and told them to go retrieve our truck! We never heard another word.
Posted 2009-01-17 10:52 PM (#97686 - in reply to #97679) Subject: RE: Buyer decides she doesn't want trailer after deal is done
Expert
Posts: 2453 Location: Northern Utah
This is strictly a matter of how you want to resolve it.
If it's been hard to sell the trailer and you are glad to have it gone. Consider it sold.
If you are more concerned about keeping on the good side of the individual, then take it back and continue your sales process. You didn't say that you had missed other sales opportunities because of her. So you would be no worse off than before and would greatly inprove yourself in the eyes of the purchaser. I know it's a tough time to sell anything, Cars, trucks, homes and trailers. But you know she's not happy and she will complain in what ever circles she happens to run in. sometimes that just not worth the headache.
If it goes to court, it would be considered a done deal.
Posted 2009-01-18 1:08 AM (#97689 - in reply to #97679) Subject: RE: Buyer decides she doesn't want trailer after deal is done
Expert
Posts: 3802 Location: Rocky Mount N.C.
Sounds like she has "buyers remorse".... I say it's a "done deal", tell her to enjoy her new trailer, tell he to.... "call me and we'll go riding sometime".
Posted 2009-01-18 6:45 AM (#97693 - in reply to #97679) Subject: RE: Buyer decides she doesn't want trailer after deal is done
Elite Veteran
Posts: 954 Location: Hagerstown, MD
If the deal went down as you have described it, then it's a done deal. Painted makes a good point, but if you are going to lay in bed worrying what she's going to say about you, then you need a thicker skin. I don't think you did anything wrong and I would let the deal stand where it is as long as you have gotten paid.
Posted 2009-01-18 10:32 AM (#97699 - in reply to #97679) Subject: RE: Buyer decides she doesn't want trailer after deal is done
Member
Posts: 21
Location: Poolville, Texas
In Pennsylvania, (I am assuming that is where the sale took place), believe it or not, she actually has a leg to stand on. Your state offers a "cooling off period" or "right to rescind" of 72 hours on several different types of transactions. Two facts that dictate her ability include..
1. You DELIVERED the trailer to her place of residence...ILO her meeting you in a neutral spot or coming to your place.
2. You did not have her sign an "as is, no other agreements expressed or implied" affidavit.
Just my two cents. You did business on a "titled" article and the law swings way over to the buyer's advantage.
Posted 2009-01-18 1:44 PM (#97709 - in reply to #97699) Subject: RE: Buyer decides she doesn't want trailer after deal is done
Expert
Posts: 5870 Location: western PA
Originally written by 2Lcustomtrucks on 2009-01-18 11:32 AM
In Pennsylvania, (I am assuming that is where the sale took place), believe it or not, she actually has a leg to stand on. Your state offers a "cooling off period" or "right to rescind" of 72 hours on several different types of transactions. Two facts that dictate her ability include..
1. You DELIVERED the trailer to her place of residence...ILO her meeting you in a neutral spot or coming to your place.
2. You did not have her sign an "as is, no other agreements expressed or implied" affidavit.
I'm not sure about the waiting period in Pa, but I believe it applies to purchases made by door to door sales persons, and sales made by commercial sellers (dealers)
A point of law is that all sales made by a private individual are automatically considered " CAVEAT EMPTOR". Any private sale is said to be without a warranty, in a buyer beware situation, unless a written warranty is offered, or a specific condition is noted.
Your sale was made on a Friday, and it was the buyer's obligation to inspect and question the merchandise before the agreement was signed and finalized. By doing so, she agreed that all the terms of the sale were in order. Your delivery the next day was part of your sales agreement, and is not considered a separate transaction.
Whenever you sell anything, it is wise to have a written and signed statement by both parties, that indicates the sale is; an "as is, where is" sale with no warranties expressed or implied. An additional disclaimer can be added: The......"item".. is as described and I accept it as it is represented.
Buyer's remorse is not a legal reason to allow the purchaser to change his mind. Unless he can produce evidence that you advertised the trailer with cabinets, or offered a written statement that you would install them before the sale, you have no further legal obligations and he has no recourse. By not inspecting the trailer, which you offered and he declined, he accepted the sale as it was described.
Posted 2009-01-18 3:52 PM (#97723 - in reply to #97679) Subject: RE: Buyer decides she doesn't want trailer after deal is done
Veteran
Posts: 236 Location: Little town in Pa
Thank you all for your input and expertise. This forum is great. She may have been overwhelmed by the visual size of it parked in a very tight parking spot that was in the middle of the tightest hilliest houseing plan I have ever seen. It was some of my best driving ! Her husband explained to me that their horse has trouble backing out of a horse trailer, so this walk through horse trailer should really be good for their horse. I hope they find it that way, if not I hope they can resell it in a couple months when the weather get warmer and make a couple hundred on the deal. Gard you opinions are always valued, thank you and retendo, I sent you a PM.
Posted 2009-01-19 9:51 AM (#97772 - in reply to #97679) Subject: RE: Buyer decides she doesn't want trailer after deal is done
Elite Veteran
Posts: 690 Location: missouri
My goodness! DONE DEAL. Tell her she needs to "suck it up" and grow up. These flaky people make me crazy....When we sell anything, we say "Are you comfortable with your decision? Are there any issues we need to discuss? because once this transaction is done, it is yours."
Posted 2009-01-20 12:13 PM (#97852 - in reply to #97679) Subject: RE: Buyer decides she doesn't want trailer after deal is done
Member
Posts: 15
Location: Central nowhere
The person took delivery of the unit. That is the biggest thing. If the trailer had never left the lot or property, then things would be different. And as others have said, if it is check or C/C sale, then they can stop payment or cancel the C/C sale thru the bank. CASH THE CHECK !!!....if it is a C/C sale, then cross your fingers..I call this a DONE DEAL !!!....Good luck !!
Buyer decides she doesn't want trailer after deal is done
