Here is everything that has gone on through Paypal. What are your thoughts?
From Buyer - Austin R7/7/2013 14:40 GMT-04:00
I sent this payment as a $500 deposit on a car that was for sale out of town from me(we lived almost 4 hours away). The money was sent so that the car would not be sold before I was free to come out on Saturday and look at it. If the car checked out and passed my inspection I would have purchased it. Upon test driving the car on saturday, july 6th, 2013, it was overheating and the axle broke while under light acceleration in second gear. The car was not in the working condition that was described. All known issues were discussed over the phone, through text messages before we drove the distance, and again in person the day we met. We figured the car had a headgasket problem. Upon discussing this the seller instantly dropped the price of the car from $2490 to $1000. My dad and I said that we would consider this and let him know by Tuesday at the latest what the verdict was on the car. Before we left his property I asked for this deposit payment back and he agreed that he would send it back to my email. I text him just minutes after I left his property stating my email address and the final verdict on the car. We decided to pass.
Its been over 24 hours, and the seller has not responded to me at all and has ignored all my calls and texts.
I have copies of the original ad, every text message that was sent, including pictures.
The seller seamed honest and had very prompt replies during the whole transaction. After we decided to pass he's been ignoring me.
From Seller - ADAM M 7/8/2013 12:56 GMT-04:00
A deposit of $510 was sent to guarantee the car would be held for the depositor (i have a text message from the depositor stating the exact words) "This deposit will guarantee I get the car come Saturday night" upon the time they arrived to pay the remaining balance of $2,000. Once the deposit of $510 was received all other offer's were declined, there was no discussion on it (the car) having to pass any type of inspection whatsoever , as far as the buyer was originally concerned he knew it needed extensive repairs at his expense as which the price had reflected, displayed in the Autotrader ad. I've owned the car in question for over 5 years and have had no problems with it at all. The depositors got in the car to test drive it and as decribed by the respective depositors an axle shaft broke which I have text record of them saying that the axle part that had failed was about $80 (I dropped the price to cover that, they said we will think about it. As far as I can see it is not overheating, i just ran it for 20mins in this 30 degree heat with no issues at all. The original listing price is $2,490 and says in the ad it need's extensive repairs. The car is still sitting at the property if they want it and I am even willing to ship it to them free of charge on a flat bed after receiving the remaining balance. (The extra $10 in the deposit were to cover the Paypal fee's)
From Buyer - Austin R7/8/2013 16:00 GMT-04:00
We knew the car needed work. A headgasket and ball joints were not covered in the ad, the car was overheating while driving, not while sitting. We have come to the conclusion that we would like to pass on the car, and would like the deposit back.
From Buyer - Austin Ri7/8/2013 16:40 GMT-04:00
Over the phone the night I sent the deposit I said that IF the car checks out we will give him the remaining balance and take ownership of the vehicle.
Before leaving the sellers property we asked for the deposit back and if we decided to purchase the car I'd use the money from the deposit to give to him. The seller agreed to send the deposit back (this was in person, at his property). I confirmed he knew my email address, and he said he would send it. I let him know later that day, over text message, that we would pass on purchasing the car. We discussed the body condition of the car, we discussed that it would need new brakes, and a window regulator and tires as well. No where in the ad, over text or the phone were ball joints mentioned. That's fine, I take it the seller did not know. The fact that he said he would give us the deposit still stands. We have passed on buying the car and would like the seller to follow through with his word, and honor the fact he said he'd return the deposit.
From Seller - ADAM M 7/8/2013 17:30 GMT-04:00
I'm willing to settle the dispute 50/50 meaning I will send back $250 as soon as I see a confirmed response on here as well as a text message response confirming agreement. I'll transfer the $250 from my bank account to Paypal, then back to the depositor as soon as possible.
From Buyer - Austin R7/8/2013 18:11 GMT-04:00
I do not see why it should cost me $250 to look at a car that is for sale. I would never purchase a car blindly without inspecting it first. The car needed more work than what was expressed in the ad, over text, and in person. The seller mentioned just a few messages about this one that 1) "(I dropped the price to cover that, they said we will think about it." and 2) "The car is still sitting at the property if they want it". Here the seller has stated that we let him know we would think about the purchase after these problems around and the price has dropped., and that we had a choice in buying it hence the "if".
I have tried to work with the seller offering him $40 to cover half of the broken axle. Yes, it is unfortunate that it broke. I am understanding that it is frustrating trying to sell a car while it has a broken part. Can I be held accountable? I do not believe so. The roads are salted 4 to 5 months out of the year where the seller lives, and he stated over the phone and in the ad that the car has been used as a daily driver for 5 years. This axle is part of the drivetrain and can undergo quite an amount of stress.
I am willing to cover $40 to cover the axle as an understanding that it is unfortunate that the part has broken. This would be a total of $454.91 being returned as a gift payment to me.
The seller says he wants to split 50/50. The axle is an $80 part, like we both have admitted. I see no reason why i should have to spend an extra $170. The absolute most I will settle on is $40 to help the buyer.
From Buyer - Austin R7/8/2013 18:51 GMT-04:00
Here is the copy of the original ad "Fantastic reliable car, quick, cheap on gas & insurance. Last model year of the Integra's.
The bad:
-Front windshield has a crack,
-It needs brakes (Rotors & pads all around).
-Drivers side door lock mechanism needs to be replaced
-Front fender was dented, then covered with bondo and painted, rear quarter panel has some refinishing around the wheel well.
The good:
-Timing belt replaced at 185KM
-Oil changed every 5,000 (full synthetic)
-Never left me stranded, a great, sharp little reliable car for the $$, this car should hit 375,000km -No problem
-Leather seats
-Sunroof
-Power mirrors & windows
-Fog lights (very bright)
-Stainless short shifter makes shifting quick and lots of fun!
-Stainless cat back exhaust gives a great sound.
-Winter tires are on it with a couple more seasons of use left.
I've owned it for over 5 years
Selling because i bought a new car"
I decided to pass on the vehicle because of the problems not listed. Adam has agreed that there were problems that were not listed hence the price drop. No where in the ad, nor in our conversation does it say that the deposit is non refundable or that I was locked into the purchase of the car. I let Adam know that my Dad and I would let him know if we were going to purchase the car or not by Tuesday, he has stated his in his own message on paypal. I notified him saturday (the day we looked at the car) at 6:00pm exactly (6 hours after we left his house). My message states the following : "I ended up buying another car, so I need that deposit back to finish paying for it. *my email*" This is my notification of the verdict on the car. Sent before tuesday like promised.
I see no reason at all why I should not get my deposit back. I decided not to purchase the car, and gave Adam the required heads up about my decision. I have every text message both saved, and screenshots of it all as well.
