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Old 09-14-2005, 05:19 AM   #1
kaneda3
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Member#: 8057
Join Date: Jul 2001
Chapter/Region: MAIC
Location: pittsburgh,PA
Vehicle:
99 rs-t & 02 sti
95 s14.5

Default not ripped off, but might as well have been

ok heres the short version

wanted to get a diff. rear end and brakes for my car
found exactly what i was looking for so i put money down on it
was told that unless i could pick it up in the next couple of days it would be a 15 day wait because the guy was goin on vacation(and it was a 5 hour drive so making it up on 2 day notice wasnt going to happen)

in the meantime i sold my rear end

so he returned and asked when i could come get it
i said in 4 days, he was fine with that
made plans and the day before leaving he wrote me an email and said it was no longer for sale...

he did return my downpayment but what am i supposed to do now
no rear end
car is in a rented garage
if i were to buy the same rearend i had it'll cost me money
and the rear end i wanted is really hard to come by

this guy does this semi professionally, whether he claims taxes on it or not
isnt he obligated to sell this to me?

let me know what you think
mike
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Last edited by kaneda3; 09-15-2005 at 12:37 AM.
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Old 09-14-2005, 05:24 AM   #2
02redwagone
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Have a plane b. He seemed to have went with his plan b.
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Old 09-14-2005, 06:24 AM   #3
samesk8r
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:single tear:

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You could try going the whole "Verbal Contract" route. You guys agreed on a price, you paid a deposit and arranged a pick up, therefore it was sold to you.

The real question is what do you want from him now?

The rearend is gone and you got your deposit back. You'll end up spending more time and money in small claims court than your likely to receive and verbal contracts are far from air tight depending on the state and you may end up deep in the hole on the deal.

Now I'm not sure what you mean by "semi professionally". If this person has a tax ID number then you can file complaints with the BBB and your state's Attorney's General office but that doesn't get you anywhere accept a chance to vent.

Or you can do like so many other and S*#t talk them on the boards
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Old 09-14-2005, 06:37 AM   #4
shftat6
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Sounds like he probably got a higher offer and sold it under you, which sucks.
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Old 09-14-2005, 07:12 AM   #5
D fresh
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the activity level
of AutoX is > than F1

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Quote:
Originally Posted by samesk8r
You could try going the whole "Verbal Contract" route. You guys agreed on a price, you paid a deposit and arranged a pick up, therefore it was sold to you.

The real question is what do you want from him now?

The rearend is gone and you got your deposit back. You'll end up spending more time and money in small claims court than your likely to receive and verbal contracts are far from air tight depending on the state and you may end up deep in the hole on the deal.

Now I'm not sure what you mean by "semi professionally". If this person has a tax ID number then you can file complaints with the BBB and your state's Attorney's General office but that doesn't get you anywhere accept a chance to vent.

Or you can do like so many other and S*#t talk them on the boards

I would agree with this assesment of your problem. Although I'd be tempted to go the verbal contract route, it'd probably be a better use of time to search hard and fast for the rearend that you want and get 'er done.


Sorry to hear about your dilema though. BTW who did you order the rearend from? Just curious so that I don't get screwed sometime in the future.
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Old 09-14-2005, 08:25 AM   #6
kaisersouse
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I'm not bashing you, but you REALLY shouldve waited on selling your old rear until the work was done and you knew you were happy with it. Live and learn...
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Old 09-14-2005, 09:13 AM   #7
J-Rex2004
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Quote:
Originally Posted by kaisersouse
I'm not bashing you, but you REALLY shouldve waited on selling your old rear until the work was done and you knew you were happy with it. Live and learn...
12345
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Old 09-14-2005, 09:36 AM   #8
kaneda3
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95 s14.5

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he doesnt sell on here
atleast i dont think he does

hes from the michigan area and his name is Frank DiMercurio
he told me to call and we"could work something out" but he has answered or returned my last 2 calls
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Old 09-14-2005, 10:19 AM   #9
nick04263
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That is the exact lesson that my boss emphasises to me ALL the time. "Have a backup plan because life is unpredictable".
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Old 09-14-2005, 03:32 PM   #10
Hayes
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Most people with a consious who takes a down payment would honor the contract. Try that on a house sale or car sale and he'd be in court. However, just write him off as a jerk and move on. We will remember his name however ( Frank DiMercurio) if he is on any of the Subaru sites. He probably just got greedy and figured he'd get more mony for it.
Interesting he now wants to "work something out". Maybe he got hung out to dry like he did to you. Move on and let the jerk be. JMHO ed

Last edited by Hayes; 09-14-2005 at 03:33 PM. Reason: spelling
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Old 09-14-2005, 05:21 PM   #11
dirtnyureye
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Quote:
Originally Posted by D fresh
I would agree with this assesment of your problem. Although I'd be tempted to go the verbal contract route, it'd probably be a better use of time to search hard and fast for the rearend that you want and get 'er done.
Verbal contracts are worthless in the court of law.
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Old 09-14-2005, 06:02 PM   #12
mcowger
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^^^And here you display your complete lack of knowledge of the legal system. Verbal contracts are NOT worthless, and often CAN BE ENFORCED, esp ecially if you take action based on that contract (such as selling your exisitng rear end).

Do some reseearch, take some law classes or live with a lawyer (I've done all three) before you talk about that which you know little to nothing.
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Old 09-14-2005, 08:12 PM   #13
Jon [in CT]
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Quote:
Originally Posted by kaneda3
let me know what you think
mike
I think you should stop wasting time (both yours and ours) posting incoherent threads here and, instead, get on the horn to vendors, junkyards, etc. to track down another "diff. rear end" (whatever that is).
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Old 09-15-2005, 12:46 PM   #14
redwagon
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Quote:
Originally Posted by kaneda3
this guy does this semi professionally, whether he claims taxes on it or not
let me know what you think
"Hello, is that the IRS?"
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