help! I think I am going to get craigslist scammed in the bayarea.. non watch related

[J72]

I saw a car used for sale on craigslist I liked the price and i checked the car out.
I had put a $1000 check as deposit.. the guy said he didnt have the paperworks yet as he just decided to sell it and he told me i had to put a down if i was serious.

so I did and he told me that he will be paying capital one the balance and will get the paperwork within 3 working days. he cashed the check next day when the bank was opened...

I checked craigslist a day after and the ad was still there.. so i got curious and asked a friend to call to check if it is still for sale.
the same car is still for sale and the guy is still showing the same car to other buyers.

I called the police to check what I can do and they told me i have to file on the small claims court before they can do anything.

I have not confronted the guy as i think if i do he will just run away so he doesnt know anything and he still talks to me.


any advice appreciated..

[fusionstorm]

Have your friend continue the convo with the seller, and arrange to meet him to look at the car. Then round up everyone you know with a nasty streak that's ready to rumble, and go meet the guy. Try and set up the meeting time and place to be near an open bank.

[Mosco]

Jason, with all due respect, giving 'some guy' $1000 and not getting anything in return was foolish. In such cases you get a document signed, or for him to give you one of the keys, or the title (which it appears he doesn't have). You made yourself vulnerable to get screwed, IMO. Sorry to be a dick, but that's the reality of things.

[J72]

Greg,

this is a deal that has gone bad. I do have a document, a signed receipt that he accepted $1,000 as a deposit for his car and I took a picture of his license and the car I also have the Vin number. and by the way you are not a dick i have been surfing here for a while and i see you as a trusted, wise, and straight forward person who sells a lot of nice watches.

anyways, i am just asking for a way to get unscrewed without filing small claims.
any advice appreciated.

[Mosco]

Originally Posted by J72

Greg,

this is a deal that has gone bad. I do have a document, a signed receipt that he accepted $1,000 as a deposit for his car and I took a picture of his license and the car I also have the Vin number. and by the way you are not a dick i have been surfing here for a while and i see you as a trusted, wise, and straight forward person who sells a lot of nice watches.

anyways, i am just asking for a way to get unscrewed without filing small claims.
any advice appreciated.

Honestly - what I would do is put the fear in his heart. Make sure he knows that $1000 is not worth the shitstorm you're going to cause him should he decide something funny. When were you planning on 'making good'? Also, I found it fishy that he doesn't have the title... Just cover your arse, don't let the bad guys have an opportunity to win.

[jhilly8982]

Originally Posted by Mosco

Honestly - what I would do is put the fear in his heart. Make sure he knows that $1000 is not worth the shitstorm you're going to cause him should he decide something funny. When were you planning on 'making good'? Also, I found it fishy that he doesn't have the title... Just cover your arse, don't let the bad guys have an opportunity to win.

If he has a balance outstanding on his loan then he doesn't have or own the title to his car. Maybe you were thinking of his registration?

Selling a car without owning the title is a pain in the butt in most states as you don't really own the car, the finance company holds the title to your car.

Either way, hope you get your money back.

[conrail]

Originally Posted by jhilly8982

If he has a balance outstanding on his loan then he doesn't have or own the title to his car. Maybe you were thinking of his registration?

Selling a car without owning the title is a pain in the butt in most states as you don't really own the car, the finance company holds the title to your car.

Either way, hope you get your money back.

He owns the car (has title to it), the loan merely encumbers the title. His name will show up on the title as the owner, and the lienholder will be listed below that. But you're right, the bank will always hold the title so you cannot sell it.

[Mosco]

Cool avatar, BTW

[J72]

Thanks Greg about the Avatar I took that picture at work on a show and tell segment.


update:
Problem solved. I didnt know a friend was a police.
I was asking help on my facebook account last night and a friend called me this morning and told me he was a police and he can help me out.
so he basically called the guy and told him that he was officer Villa i was his cousin and he can track him down as we have his driver's License, his vin number the car's license plate and basically told him to sell me the car and after that my police friend told me to call the guy up.

so I did call him and he goes what was that all about Sir why did your police cousin called?
I told him I have a feeling you are selling the car to other people and you know what.
I do not want your car anymore.. i just want my deposit money back.
and he told me no problem.. first thing monday morning i can give you the money back and told me to meet him in his bank.

but now he took the ad out on craigslist.
I am pretty sure he will probably post it again after i get my money back by monday morning.

[MonBK]

Sounds like a happy ending.

[Mosco]

Originally Posted by J72

Thanks Greg about the Avatar I took that picture at work on a show and tell segment.


update:
Problem solved. I didnt know a friend was a police.
I was asking help on my facebook account last night and a friend called me this morning and told me he was a police and he can help me out.
so he basically called the guy and told him that he was officer Villa i was his cousin and he can track him down as we have his driver's License, his vin number the car's license plate and basically told him to sell me the car and after that my police friend told me to call the guy up.

so I did call him and he goes what was that all about Sir why did your police cousin called?
I told him I have a feeling you are selling the car to other people and you know what.
I do not want your car anymore.. i just want my deposit money back.
and he told me no problem.. first thing monday morning i can give you the money back and told me to meet him in his bank.

but now he took the ad out on craigslist.
I am pretty sure he will probably post it again after i get my money back by monday morning.

Just make sure you get the money back man.

Originally Posted by MonBK

Sounds like a happy ending.

Not yet, stay tuned.

[MonBK]

Originally Posted by Mosco

Not yet, stay tuned.

I'm glued to the radio Tavarich.

[conrail]

I'm glad it worked out for you and you've been made whole, but I'm confused. He said he'd be good to go to sell you the car after the expiration of a 3 day wait period w/ Capital One. It doesn't sound like from your original post that you waited out that 3 day period, just got nervous that he was showing the car to other people. Nothing wrong with showing the car to other people in case the deal with you (as it has) fell through.

Regardless, nice to have police friends eh!

[J72]

indeed a happy ending.

conrail:
on my understanding once you put a deposit, the car is suppose to be reserved for you and it is unethical to show the car to anyone else until you show that you are going to flake in the end once the pink slip title shows up.

when he is trying to show the car to other people and tells them it is still for sale
that definitely made me nervous and made me research his name on google and came to find out he has prior convictions.

[conrail]

Originally Posted by J72

indeed a happy ending.

conrail:
on my understanding once you put a deposit, the car is suppose to be reserved for you and it is unethical to show the car to anyone else until you show that you are going to flake in the end once the pink slip title shows up.

when he is trying to show the car to other people and tells them it is still for sale
that definitely made me nervous and made me research his name on google and came to find out he has prior convictions.

Oh now he's got prior convictions too? Good to do the due diligence! I agree to the extent that the seller at least informs the people he's showing the car to that there is a deposit and it will sell to that person if all goes according to plan. If not, thats a bit sleazy sure.

[J72]

you are right Greg, not yet a happy ending... let's wait until monday.

[Chozn1]

I hope you get your money back. I'd set an exact time for him that things are going to start getting bad if you don't have your money back that morning.

[Speed]

Many banks are open on Saturday.

[J72]

Hi Bill, he told me he has work today(saturday) that is why he had to do it monday morning.

chozn1, as soon as the bank opens 9:30 a.m. monday.

[J72]

thanks Jhilly, i am hoping for the best too.

[rr-nyc]

I see nothing wrong with the seller to continue to show the car. The $1000 deposit is not a sale. I would show the car until its officially sold. What if the seller backed out after the seller turned away all the potential buyers.

I guess its better to be safe than sorry but I think getting cops involved was premature

[Mr. K]

Originally Posted by rr-nyc

I see nothing wrong with the seller to continue to show the car. The $1000 deposit is not a sale. I would show the car until its officially sold. What if the seller backed out after the seller turned away all the potential buyers.

I guess its better to be safe than sorry but I think getting cops involved was premature

The proper thing to do if you want to keep the add up is to tell callers that the car is on hold pending a sale. But it the sale falls through, I can put you next in line.

You could even show the car, but let the potential buyer know there is a pending sale, so as not to waste anyone's time. As long as this is disclosed, it should be fine. That way the seller has a back up.

But to continue to show the car letting people think it is still for sale? That is wrong and would make me worried too.

Who knows, the seller may still be legit, how often do normal people sell cars? Probably some kid without a clue, he just wanted to sell the car. Probably had no idea how to transfer the titile, pay off the loan (10 day payoff letter), or anything else.

If he let you take a picture of his driver's license, he is either honest or a really dumb crook.

But glad it worked out.

[Mr. K]

Originally Posted by rr-nyc

I see nothing wrong with the seller to continue to show the car. The $1000 deposit is not a sale. I would show the car until its officially sold. What if the seller backed out after the seller turned away all the potential buyers.

I guess its better to be safe than sorry but I think getting cops involved was premature

The proper thing to do if you want to keep the add up is to tell callers that the car is on hold pending a sale. But it the sale falls through, I can put you next in line.

You could even show the car, but let the potential buyer know there is a pending sale, so as not to waste anyone's time. As long as this is disclosed, it should be fine. That way the seller has a back up.

But to continue to show the car letting people think it is still for sale? That is wrong and would make me worried too.

Who knows, the seller may still be legit, how often do normal people sell cars? Probably some kid without a clue, he just wanted to sell the car. Probably had no idea how to transfer the titile, pay off the loan (10 day payoff letter), or anything else.

If he let you take a picture of his driver's license, he is either honest or a really dumb crook.

But glad it worked out.

[J72]

Renato,

Yes, you are right I'd rather be safe than sorry. I got nervous and
I am just covering my ass maybe the help of the cop was premature but it worked fine and without me filing anything on the small claims court...
I think that route would have been a hassle if i have to go that way.

but hey everybody has there way of doing things and the other people who are watching are entitled to their own opinion on how things unfolds..

and on that note..
I got my deposit back today at 3pm inside starbucks shook hands with the guy after he gave my deposit money back and I had tore the documented receipt in front of him as he asked me to... then we parted ways.

I guess now this is a chapter in my life that i won't forget.... back to autopilot again. back to surfing again.. -happy ending.

[J72]

thanks everyone.