An unexceptional situation......

[ibified]

Just tell him "i need this money by "X" day or im going to have to file this in small claims court. That way you get it resolved 1 way or the other. also explain to him that if you go the small claims route, you'll also be asking for attorney fees, court costs, time off work, etc.

That way if it DOES go to court, you can show that you were willing to try to get it resolved before going the route of litigation.

 

[Kensbusa]

Bad deal for sure.Always when dealing with money its a business deal and nothing less whether dealing with family or friends and don't worry about po'en your seller.Protect yourself don't count on someone else to look after your best interest.Don't give any money till they show you a title and get it legally transfered right then.I hope your buddy gets his money back.
Posted via Mobile Device

 

[hayabusa36]

Heres my input. Im sorry you might not like what I have to say but im just being honest. That is what you want right? Mabye Im like this because Im a native New Yorker. Mabye thats a bad thing but if it is I dont want to be good. Yes he does still owe your friend the $600. whatever dollors. Thats a no brainer. But you have got to be kidding me. 1st of all your 1st mistake was giving a dept. on a out of state bike from a STRANGER. Common sence, you want to buy a bike from ANYONE. You go there with CASH IN HAND. You ride it or you let him take you for a ride on it to make sure its good. Mabye even have a mechanic check it out first. IF everything is good, you pay the man the agreed amount and then YOU TAKE THE BIKE WITH YOU WHEN YOU LEAVE. 2nd Its a nice thing you were trying to help all partys involved. Theres an old saying where I come from...
NO GOOD DEED GOES UN-PUNISHED. Take it as a lesson learned... Im sorry if it sound like im being insulting. Im not trying to be. Just being real in a real im perfect world.

 

[VetteNBusa]

1st: NEVER EVER.... EVER... Do business with friends and family. Period.

I would've out Ted in touch with Dennis and stepped out of it. Now, when Dennis screwed Ted over and Dennis became missing, you wouldn't have to testify about anything. I'm being humerous of course, but you know what I mean. Lesson learned I hope.


2nd: Dennis owes for the S&H --- because the bike never moved --- BUT --- they should've communicated this and agreed in the beginning.

My .25¢

Dave

 

[99'busa]

A friend of mine went through a similar thing. But the guy dropped loading it in the trailer to meet my buddy half way from IN. He called my buddy and told him what happened. He had ins. cover the plastics and when it was back together they made the deal.

Does the guy not have ins. Why not tell you sorry ins. is fixing this. its only delayed?

 

[BA BUSA]

The whole deal sucks and I hope you guys do get it worked out.

There is always THREE sides to every story...your's, his...then there's the truth somewhere in the middle. I'm not saying that you are not giving us all the facts as you recall them, just that WE all need to be on the same page whenever we do some sort of deal like this.

The worst part right now is the lack of communication...once you do get a hold of him, just have a good talk about what did happen and how do all parties get back on track.

He needed $$$ and should repay ALL costs involved with the deal...not your fault or the buyer's fault that the seller wrecked the bike and the deal fell through.

 

[GMbusa]

The whole "Never do business with a family or friend" is BS. It's all in how things are handled. Sometimes things go wrong, but, with communication things can usually be mended no problem.
It's when people don't hold up their end of the bargin is when things go bad. Lack of communication on the seller's part is where this deal went sour.
You never know, maybe the guy is in the hospital or something.

 

[Tufbusa]

Enough of this "Small Claims Court" BS. One party is in NY and the other is in Texas. The suit must be filed in Texas where the crime was commited. No one is going to fly back and fourth to pursue a $600 debt.

Sounds to me as if Dennis got cold feet and backed out of the deal. I doubt he bike was crashed? Cudo's to Dennis for returning the original deposit. He certainly didn't have to. He could have just ignored the request, kept the money and forced the buyer to hire an attorney and file suit at great expense to the buyer. Short of it is, the buyer could most likely get a judgment against the seller but most likely would spend more than the $3600 owed on attoney fees and court costs. Now he has $7200 spent and has a $3600 judgment against the seller and still has no money in hand. Believe it or not, acquiring a judgment is the easy part, the tough part is collecting on the judgment.

Remember the suing party is in NY so he now has to hire another attorney to pursue the judgment. On such a small amount it's difficult to get anyone to pursue collections other than a collection agency. These folks will want at least 40% of any monies collected. If the seller does no volunteer to pay, any additional fees such as attorney fees and court costs for garnishing wages etc. will be paid from the proceeds collected before the 60/40 split. Are you getting the picture?

So, if everything works out throughout the process, the buyer now can collect $1800 of his $7200 he has spent. Now tell me, what would you do once reality set in? Yep, you'd walk away and let the $3600 loss be a good lesson in life. These lessons are always expensive.

I'd almost bet you money, we will never see the seller back on this forum and his buddy in NY will never hear from him again. JMHO

I have the same situation with an org member whom I helped out a while back and he was happy to sent payment through PayPal. I did the deed, he recieved the goods and no money ever arrived through paypal. Now he too has vanished into thin air. Far less money than involved in this thread but the principal is the same. When it comes to money, people will line up to take advantage of you!

I do hope your friend gets the rest of his money but I doubt he will!

 

[VetteNBusa]

Enough of this "Small Claims Court" BS. One party is in NY and the other is in Texas. The suit must be filed in Texas where the crime was commited. No one is going to fly back and fourth to pursue a $600 debt.

I do hope your friend gets the rest of his money but I doubt he will!

Your comment made me thin of something though... he could file a fraud report. The jurisdiction where the victim lives could start the report and forward it to Dennis' jurisdiction.

1. Victim never saw the bike.
2. Who knows for sure the bike was even crashed?

Who knows... maybe a knock on Dennis' door might nudge him to give the money back?

 

[Poppy]

Crappy situation due to the amount of distance between the two parties involved. Any .org members in Texas lawyers that can offer up advice?...pro bono of course.

 

[Rev. 6:5]

Tufbusa is right. It would cost too much to pursue this in small claims. But the question begs to be asked, why didn't the shipping company give a refund for the shipping since nothing was actually shipped?

 

[Mrs.Rubber2Burn]

It is a crappy situation. I am in Texas, not an attorney, but have this advice. If you have to come to Texas to get the judgement it will be DIFFICULT to collect to say the least. My best friend (lives here in Texas) took a person from her neighborhood to small claims court because his teenage son took out her brick mailbox. She tried working with the dad for over a year (after she paid like $600 out of pocket to have this mailbox rebuilt). He NEVER came through or would even give insurance info. End of the story is that she DID get the judgement but could never get the money. He said that she couldn't get blood out of a turnip. The judge put some kind of judgement against his home and car so that if he goes to sell it (and the situation is actually checked) she could maybe re-coup the expenses. All in all the time off from work and fees involved not to mention aggravation was not worth it. Sorry to say this. I just wanted to relay that experience.

 

[skydivr]

Let the buyer beware....

 

[The Big Red One]

Its pretty simple really.......you show up with money, look the prospective purchase over, hand over the money, get a clean title with your purchase, and deal done. No deposits, long distance shipping twists and turns involving money, or any other bs. Anything besides a clean, up front deal is asking for trouble I don't understand why folks always put themselves in these situations. There's clean, low mileage used 08 busas everywhere...I live in the sticks and I can drive a couple of hours and have my choice of several, any time I want. Whats up with having to turn a simple deal into a convoluted long distance mess waiting to turn into a disaster? I've bought and sold probably close to 100 diff kinda bikes/atv's over the years and never once had a prob. But then EVERY deal I make is the same, whether its a friend or stranger.........no money till machine is seen/inspected and clean title is produced. Like I said, simple really
I have to add the title of this thread "An unexceptional situation", is very apt.............these kinda problems happen WAY more often than they should......way to commonplace

 

[Busa1166]

good luck there is no screening for this forum or any other that I can think of. Hope it all works out.

 

[semperfi]

Needing a Rolex more than a Busa would have me thinking ???

Yes, that sounds lame. The Busa has a perfectly good clock on the dash.

 

[semperfi]

Its pretty simple really.......you show up with money, look the prospective purchase over, hand over the money, get a clean title with your purchase, and deal done. No deposits, long distance shipping twists and turns involving money, or any other bs. Anything besides a clean, up front deal is asking for trouble I don't understand why folks always put themselves in these situations. There's clean, low mileage used 08 busas everywhere...I live in the sticks and I can drive a couple of hours and have my choice of several, any time I want. Whats up with having to turn a simple deal into a convoluted long distance mess waiting to turn into a disaster? I've bought and sold probably close to 100 diff kinda bikes/atv's over the years and never once had a prob. But then EVERY deal I make is the same, whether its a friend or stranger.........no money till machine is seen/inspected and clean title is produced. Like I said, simple really

+1 I would not deal any other way. If I am serious I show up with cash in hand, and want the bike & title at the time of sale.

 

[valkyriemc]

Hope it gets worked out.

The lesson here is NEVER deal in money with family and/or friends.

+1 Never means NEVER. Money can destroy families and friendships.

 

[Mr Droo]

Why would the guy ride the bike after someone gave him a 3K down payment and has already paid the shipping?

 

[Hayabusa2005]

Just bad business. Sucks for all involved.???

+1 Agree