New (old addition to the family - revisited (NEED OPINIONS) Long

[Tom Donohue]

Hello...I am an attorney and I concur completely with Michael's outline
and plan of action.  Keep us informed of your progress.  Tom Donohue

Michael Riebs / Audi V8 wrote:

>DISCLAIMER: I am not an attorney, nor do I have any formal legal schooling.
>
>That said, I have been in business for myself for a number of years, and
>have had legal experience through business dealings. It is my understanding
>that a contract is made binding as follows:
>
>Offer + acceptance + consideration (payment) + acceptance of payment =
>binding contract.
>
>Offer: Ebay auction
>Acceptance: Highest bidder at close of auction
>Consideration: Payment via PayPal, as per the terms of the auction
>Acceptance of payment: PayPal's deposit into sellers account
>
>As far as I can tell, the car is yours! The fact that you have not come to
>pick it up yet is completely beside the point. The seller has not asked for
>any storage charge either (as far as we have heard, anyway).
>
>Go pick up the car. It's yours! If the collector wants it, he can either:
>1) Meet you a small distance from the sellers home to make the swap; or
>2) Come to your home to buy it from you.
>
>Go get your beautiful car!
>
>JMHO.
>
>Michael L. Riebs
>Grand Rapids, Michigan
>
>'90 V8Q
>'98 A6QA
>
>www.1stchoicegranite.com
>
>
>
>----- Original Message -----
>From: "J. Lyons" <raudi1 at value.net>
>To: <quattro at audifans.com>
>Sent: Monday, September 16, 2002 4:28 PM
>Subject: New (old addition to the family - revisited (NEED OPINIONS) Long
>
>
>>Hello all,
>>
>>Sorry about the length,
>>
>>Well this has been an exciting week, to say the least. I had posted about
>>
>my
>
>>recent purchase of an 81 5000s off of E-bay about a week ago. Suffice it
>>
>to
>
>>say alot has happened since then. I was hoping the collective opinions of
>>the list could help me see this through.
>>
>>I made my payment to the buyer via Paypal, with every intention of picking
>>up the car the following Monday 9/16.  I was contacted by an individual
>>(non-list member) who is a German car collector out of Tennessee. He made
>>
>me
>
>>an offer to buy the car prior to my picking it up. I declined his offer.
>>
>He
>
>>then e-mailed me again, upping his bid. Again I declined (I really wanted
>>this car). He then sent me an e-mail offering nearly double what I paid.
>>
>>It was at that point I decided to accept his offer. I emailed the seller,
>>asking if he would mind releasing the car to the person from Tennessee.
>>Suffice it to say he went ballistic on me, accusing me of taking advantage
>>of him and his father (who owns the car) even though he has no idea the
>>amounts of $ involved. His big issue, apparently is that I had not taken
>>possesion yet and so it is not mine to sell. I, on the other hand have a
>>receipt from him & Paypal telling me to come get the car. So near as I can
>>tell, the cars is mine.
>>
>>In an attempt to defuse the situation, I spoke again to my buyer about the
>>circumstances involved, and we both agreed that maybe I should just get
>>
>the
>
>>car for myself and be done with this. I then made arrangements with the
>>actual owner (the father) to do just that.
>>
>>Now today, I get an e-mail from the seller (the son), attemting to refund
>>
>my
>
>>money via Paypal so he can sell it for a higher amount, to the same guy
>>
>that
>
>>contacted me.
>>
>>I am just not sure what to do?! I went into this with every intention of
>>owning this clean nice car and now everything has gone straight to hell!
>>
>>Was I wrong in what I did? Or is this guy out of his mind, and now being
>>sorry he couldn't sell it for more?
>>
>>Any help / opinions would be appreciated. Especially since this is now
>>looking to be a legal battle with these people.
>>
>>Regards,
>>J. Lyons
>>
>>84 CGT turbo
>>86 4KCSQ
>>79 5KS
>>maybe an 81 too....
>>
>>
>>
>>
>
>