Should I be mad?

[Jeff Brown]

It's no secret I'm looking for a new motorhome.  minimum budget maximum rig, standard for everyone I think?  We went and looked at a Winnebago Adventurer that was just a touch out of our price range, but I was honest and told the guy that I couldn't afford what he was asking but If I liked it I would make him an offer.  He agreed to show me the rig.

Made my offer ($26,500 by cashiers check in 48 hours.) He agreed so I contacted the bank gave them the VIN started the process.  Paid $10 for an overnight check to close the deal faster.  Got a call that same evening "Jeff, its Bob, a  guy came by today with cash drove away in the rig, thanks for you interest." *Click*  I literally didn't even get to reply to his statement. 

Some people I've asked say that the first person on sight with the cash get the deal, but I wasn't raised that way.  When you agree to a deal it a deal end of story. 

I know I have no recourse and it was his rig to do with as he pleased but I'm out 20 bucks and I look like a fool to my loan officer.  Is this how people treat each other these days, and it's okay?

Please coment, If I'm living in a dream land of the past I'd love to be enlightend but I dont think so. 

For the record the guy was a 86 year old WWII and Korean War Vet not some young punk!

Jeff

 

[powderman]

You never know. You may find out at a later time that you were lucky you didn't get it. I can imagine your disappointment, but keep looking you will probably find a better deal. Good luck.

 

[Jeff]

Jeff:

I understand your frustration but quite frankly in the business world among strangers (who sometimes have never met) the "first cash") does usually get the goods.

 

[Pierat]

First cash indeed seems to be some people's focus above all civility. As said, you may have been lucky to get out of it, especially if the guy treated the coach as poorly as he treated you. And there's a saying about no fool like an old fool, but, being retired myself, I wouldn't say that of course. Sorry for your disappointment.

 

[Water Dog]

What we usually do when shopping for a big ticket item from a private party is give them a small cash deposit and have them write a receipt to hold it for "x" number of days. You are right, a guy shouldn't have to do that and someone's word and a handshake should be good enough, but now days it often isn't.

 

[Honest John]

Jeff,

I too would expect a person to stand by their word.  In this case you have no recourse, but in business if I deal with someone who does not stand by their word I never go back to them again.....

 

[Gary RV_Wizard]

I would expect him to live by a "handshake deal" too, but I also would have given him a small deposit and get a receipt. Just to keep things on a business level. Either one of you could have walked away from a verbal deal, so a deposit and a piece of paper acknowledging it is the accepted means of formalizing a deal. It protects both parties.

 

[Betty Brewer]

I'm disappointed for you but at least the guy phoned you.  You could have gone all the way through with the deal been there to pick it up and then the guy backed out.  I wonder about the truth of his  words.  Maybe he got cold feet on the price he offered to you.  At any rate (as has been said)  you may be  sad but in the long run you are better off to not have to deal with the guy. Good luck in your continued search.  Everything happens for a reason.
Betty

 

[Just Lou]

My thoughts were very much like Betty's.  It wouldn't surprise me if he got "sellers remorse" and backed out.  Drive by his place in a few days and you might see the coach still sitting there. JMHO

 

[Marc L]

Even with a deposit, I am not sure it would legally secure the deal.  As long at the deposit would be reimbursed, there would be no financial loss from a potential buyer, therefore no legal recourse.

Is it good way to conduct business?  No, but it's not illegal either.

 

[SargeW]

Is it good way to conduct business?  No, but it's not illegal either.

Agreed, but I can bet someone showed up and beat your deal by a few bucks. Count yourself lucky. If you had bought it and had to go back there for service you probably would not have been happy. There is always another deal around the next corner.

 

[Wendy]

Actually, you probably have cause for a civil case. There was a verbal contract.....you offered and he accepted. It was legal for him to unilaterally cancel the contract. However, the only damages is the cost of the VIN.

So don't be mad, things happen for a reason and you're probably better off.

Wendy

 

[Gary RV_Wizard]

The exchange of money, offered by one and accepted by the other, has always been held to seal a deal. Even $1.  The receipt merely documents it. But its only a contract, i.e. civil matter. If he then sold the rig to someone else after making contract with you, you would have to sue to damages.  And the damages awarded might just be the deposit plus any  expenses (e.g. the money for the expedited check) plus some modest amount for your disappointment and lost opportunity.

 

[AndyinLexington]

From my contracts class many years ago - there are three required elements to have a binding contract - 1.  Offer - you had that, 2. Acceptance - you had that, 3. consideration (or deposit) - you did not have this one.  If you had paid a deposit (or other valuable consideration), you would have a valid, enforceable contract, but since you did not, I think it was not enforceable.  The amount of the deposit is not important.

 

[max49]

I always ask how much cash deposit they want to hold it for a few days,  a week or however long I think I need.  I realize with a private sale that my deposit will  be non refundable,  so I act accordingly.  A dealer won't hold  a rig for you either without a deposit.
Don't be mad,  put a deposit on the next one.

 

[Terier]

At age 86 it's also possible that family got involved for various reasons.

It must be disappointing to have a deal one moment and not the next.  The good side is that it sounds like you still have your money  (less $20).  I take it that you stopped payment or something, right?

 

[DougZ]

Just wondering - if you had found a better deal on the way home, would you still have gone through with the purchase? Let's say the same exact coach for $5,000 less? There are always 2 ways of looking at everything, so don't be too hard on the guy. He didn't know you and if you didn't leave a deposit, there really was no deal.

 

[mike eddleman]

I think I would have left a deposit. If I was selling it I would have ask for a deposit.  When your selling something cash talks real loud

 

[PorscheMark]

I agree with others about the 'deposit and receipt'.

Also, let me play devil's advocate for a minute...how many of us have tried to sell something, and a buyer agreed to buy, and never showed back up?? (In sales, it's called a "be-back", and represents a lost sales opportunity in most cases). He may have had several be-backs, and decided to take a 'sure thing' cash deal.

 

[billwild]

Reminds me of a time I looked at a nice aluminum fishing boat. We agreed on a price and I left a deposit and said I would be back the next day with the rest of the money. The seller called 2 hours later and said another man had offered more and he had to sell to him. I said that was fine and I would be taking him to small claims court. He called back in 30 minutes and said to come and pick up the boat.

Bill