Was I in the wrong? Selling car on Craigslist...

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Originally Posted By: Huie83
That night and over the next day I emailed back and forth with a guy that seemed interested and he offered me a price contingent on him coming to take a look at the vehicle and it checking out per my description...... We set a time for Tuesday.

Yesterday someone local contacted me and showed up a few hours later cash in hand. I sold them the vehicle.


I think you were wrong. You made a verbal agreement to sell the car on a stated day, at an agreed upon price, contingent on his inspection of the vehicle. You reneged on that agreement.

Many imply here that because Craigslist has a reputation for transactions lacking integrity, it is okay to practice this policy. It would have been better to call the original buyer first and/or it is best to state up front that you will sell first come-first served, cash in hand. Hindsight is 20/20. Live and learn from your mistake and move on. At least you are concerned about what happened.
 
My wife works at a car dealership selling new and used. Deposits are not accepted on used cars. This dealership is in the greater Chicagoland area.
 
Cash talks. I would only hold off a second buyer if someone was en-route to look at the vehicle. Then I would try and schedule the second buyer for two hours after first buyer said he would show.

I do not like to dicker via email when the person has not looked. But I understand the notion of it if you have a distance to drive to look at something. So as seller I try and discourage it. As buyer I do it as needed.
 
If the buyer did not pay in advance for the car, seller is not required to hold the car even if the buyer still wants to see it. But deposit is given to the seller to keep if buyer ended up not buying it.
Most of the time, it will never happen with deposit.

So, it is First Come/Money first buyer.
 
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If somebody showed up with cash in hand they would have a deal. I would have put a disclaimer in the add that its on a first come, first serve basis though.
 
Tell the crybaby that in about 6 years you'll have another car for sale that he can have first dibs on.
 
Originally Posted By: Chris142
Since you had made a deal with him for the next day I feel you were in the wrong. maybe you should have had him paypal you $50 to hold it?


I agree with this. I run into this all the time when I've sold collectibles via collector blogs. And once I tell someone you have first crack at, then they do. In this case, they had until Tuesday's agreed time to see the car. That agreement was waived. I don't give a darn about "unwritten" CL rules or other such nonsense, or that the guy most likely wouldn't even have shown up or tire kicked you to death to lower the price. All that matters is that you made an agreement. I've done this numerous times and had others offer to pay me cash (or more money) if they can have the item. I refuse them, and wait until my original agreement with potential buyer #1 has expired. Sometimes this has cost me some sales. But, I can sleep good knowing I did it right.

This very thing happened to me last year when selling my neighbor's truck for $4300. I had 2 people who wanted it. The first guy who saw it couldn't get immediate approval from his boss to buy it....but he seemed very sure it would happen. And in any case it would take 3-5 days to get a check through their business offices. A day later a 2nd guy popped up who was really hot for it and could be there the next day. I kept that 2nd guy at bay (and fully informed of what was going on with buyer 1) until I met all my obligations with buyer #1....who did end up buying the vehicle. But, until that $4300 company check was in my hand, who knew if they would bail out? In fact, I really wanted to sell the truck to buyer #1 because he represented a company who had a fleet of these used Nissan Frontiers where he was the mechanic keeping them on line. The 2nd guy was just a private party who if the truck had problems later on, would have been unhappy at me for selling a "turd" (actually that 2003 Frontier had 38K miles but was cosmetically quite hurting). It was an ideal fit for buyer #1's company for a used truck in the construction field. I was happy they got it and the remaining life of that drive train could be utilized. Buyer #2 was ready to come down with cash. And I think they still would have shown up to buy it has buyer #1 passed. I personally drove an hour to get the check and cash it at their local bank. I even checked out their construction operation while I was there.

In most cases though, potential buyers #2 and #3 often will say give me a call if buyer #1 passes. That happens a lot. My word is worth more than a transaction. And if you don't give any "concessions" to potential buyer #1 being first (ie not hold the item for a few days since they have to travel). Then what happens when you call them back to say others are coming to see it, and can buy it? If it were me, I might tell you I won't bother coming to see it....and that guy may have been your only real buyer. I guess you have to feel callers out to know what might work and what won't.

But, I wouldn't feel too bad about it. Like everyone said, if they were really into it, they'd have made some quicker arrangements or placed a deposit or something. In the future, I'd just be very clear about all the options in play. If you've ever worked in any wholesale business where buyers compete for your product, you will know how important "first shot" and "your word" really is. The first time you break your word, that spreads to others who do business with you. I realize this car buyer is someone you'll never see again in your lifetime. It shouldn't change the fact on how you conduct yourself and your business. One set of standards, whether you know them or not. I guess I'm "warped" from being in business and the wholesale trades for the past 25 years.
 
Funny this is NOT and issue at all. First come first served. Cant make it too bad. Car is sold. Who cares if the guys feeling are hurt? Poor baby! Funny.

Is this guilt feeling a church people cult thing?


that blarting aside, the only think you could have done is give the guy a call and say I got a guy here cash in hand - if you cant get here in two hours the car is gone.
BTW - that sore guy didnt REALLY want that car anywho !
 
if the guy was that serious it wouldnt take a week to come look at car. I had a guy drive from Cincinnati to akron ohio(4hrs) for some tires and wheels.

I arranged it and told him I would hold it until next day.

He showed up and got the tires and wheels.

if he had told me well.. I cant make it for 10 days and I have to look at them to see if I want them..

I'd have told him.. ok but first come first serve.

too many craigflakes. SO many times people say make appointment to come out and never show..
I even had a couple FLAKE OUT after saying "I'm on my way."

I will hold something for maybe a day. maybe longer after talking on phone if reasonable.
but over a week.. no way... not unless They put down a deposit.. although even paypal "gifts" can be reversed easy so that is not foolproof either.
 
Bottom line
It ain't a deal until you have their money in your pocket and they have your signed over title in hand.
The rest is all B-S.....
For all we know the guy may have never even showed up.......

Delays are usually so because they can't get the $$$$ together and often they never do.
 
Originally Posted By: Ethan1
Originally Posted By: supton
How would a big-time dealership handle this? I'm pretty sure that, unless if a deposit is made, they are going to sell to the first person with cash.


This is absolutely how dealerships operate. I just heard a story about a Wrangler that got sold over the phone while it was out for a test drive. (Wranglers are hot hot hot, new or used.)

On CL, I don't bother with anyone who thinks they can value a car without even seeing it. That practice betrays an extreme deficiency in common sense which would prohibit good business dealings.


I don't consider most big time dealers ethical. For every 5 times I've gone to see one of them and make a deal, 4X they will jerk you around and change the terms right under your nose...or flat out lie to you. Tired of that [censored]. The last time at a big dealer (2011) they kept my $500 deposit for 6 months before I got it back by filing a complaint with BBB. When I did a GM service history on their car the Monday after I visited them, I found out the car had numerous warranty issues....to the point where the GM service mgr I talked to said to "run as fast as you can" away from that car. I did get my deposit back but lost any remaining faith I ever had in dealerships. I consider most of them crooks, though meeting technical business requirements. Being ethical and moral are quite different than being legal.

No cash deposits on used cars? Tell it to the above dealer. The car was a 10 year old, 1 owner, 2001 Pontiac Trans Am WS6...asking price was $10,500. I guess some dealers do things differently than others. I also bought a used 1998 Z28 in 2002 as well as a used 1993 Trans Am in 1994....both required deposits if I didn't want to risk losing them. Both were good cars so left a deposit. Both were large new car dealerships.

Most of the comments here are in reply to what the OP should have done with their ad. Thing is, they didn't do that, leaving a loose end with that first potential buyer. No doubt, such loose ends will be corrected in their next ad.

Forget all the "WHAT IFs." The bottom line is that a deal was struck, and the OP reneged on it. That's cut and dry. If this went to small claims court the judge would find for potential buyer #1. The "rules" of Craig's List Evidence don't apply in a court of law. This has nothing to do with "feelings," only contract law....and in this case a contract via verbal agreements.
 
Originally Posted By: ARCOgraphite
Funny this is NOT and issue at all. First come first served. Cant make it too bad. Car is sold. Who cares if the guys feeling are hurt? Poor baby! Funny.

Is this guilt feeling a church people cult thing?


that blarting aside, the only think you could have done is give the guy a call and say I got a guy here cash in hand - if you cant get here in two hours the car is gone.
BTW - that sore guy didnt REALLY want that car anywho !


this. x 100.
today,there is way too much emphasis put on "feeeeeelings". please.
O.P. -- I don't understand why you, and several others here, agonize over such petty decisions in life. a higher priority should be keeping your beer at 38 F.at any rate, thanks for a laugh.
fuggetaboutit, and have a good evening.
 
I was not aware of Craigslist "unwritten rules". I should learn them.

What I read here was this:

You both had an appointment to meet on that Tuesday.
You both agreed on the price IF he wanted to stick with it "contingent on his inspection".
He made NO COMMITMENT TO BUY nor did you make a COMMITMENT TO SELL.
You both merely underscored your selling price during a conversation.
ABSOLUTELY NO CONTRACT was made. There were no duties or obligations spelled out.

You canceled an appointment. Nothing more.
He didn't cancel an appointment. He could've. That's immaterial.

The first guy should be prevented from reproducing as he is a weak, childish whimp.

I suppose this is where the term, "First $1,200 takes it", comes from. Kira
 
Originally Posted By: Kira
You canceled an appointment. Nothing more.


The "nothing more" part is that the contract WAS the appointment....agreed upon by two individuals. In short, a right to have first refusal on the vehicle. And that's a right that is given a lot of weight in the business world from mergers, real estate, etc. The only way to remove that right was to have them back out, or actually see the car and waffle about it. They did neither. And if the buyer did back out, that would have been just as wrong as the seller backing out. And even "first $1200 takes it" doesn't negate this obligation.

"I emailed back and forth with a guy that seemed interested and he OFFERED me a price contingent on him coming to take a look at the vehicle and it checking out per my description."

He offered, you agreed. Contingencies and or time passing don't alter the original agreement. Case closed.

Can anyone direct me to the CFR "Craig's List" regulations? Or are they posted at the top of Craig's List pages stating that rules of US law are exempted by Craig's List cash and carry terms? Cash is the only "law."
 
Originally Posted By: Kira
I was not aware of Craigslist "unwritten rules". I should learn them.

What I read here was this:

You both had an appointment to meet on that Tuesday.
You both agreed on the price IF he wanted to stick with it "contingent on his inspection".
He made NO COMMITMENT TO BUY nor did you make a COMMITMENT TO SELL.
You both merely underscored your selling price during a conversation.
ABSOLUTELY NO CONTRACT was made. There were no duties or obligations spelled out.

You canceled an appointment. Nothing more.
He didn't cancel an appointment. He could've. That's immaterial.

The first guy should be prevented from reproducing as he is a weak, childish whimp.

I suppose this is where the term, "First $1,200 takes it", comes from. Kira


I think you hit the nail on the head exactly. I also told him that I was free on Sunday and showing the car that day. I guess maybe I should of spelled it out exactly. " We have an appointment for Tuesday, but I am still going to show the car in the mean time. First with cash in hand gets it."

I gave him the chance to come on the day I sold it...

Like you all have said, live and learn, I'll need to be more descriptive in my ads.
 
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Yeah I told this one buyer that I didn't like since he seemed extra scummy that I couldn't find the title. He and the lady he was with both were getting annoyed with me, oh well. Plus that's what happens when you go around pointing out every little defect, chip etc with the car. Get on my bad list.
smile.gif
 
Originally Posted By: supton
How would a big-time dealership handle this? I'm pretty sure that, unless if a deposit is made, they are going to sell to the first person with cash. A verbal "I'll take it" might garner a 24 hour hold, at best. This being CL... a 100% deposit is required to hold anything.

I see the guys point, but ultimately it's CL. First with cash wins.

From now I guess you just need to put that into the ad; and if this situation ever repeats, state that up front.


Yep,every dealership I've delt with always requires a refundable deposit or it's first come first serve.
 
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