anyone is a lawyer here?

[warren1205]

Seems rather normal if you ask me.

1. OP posts he purchased vehicle and includes pictures.
2. OP then posts he got scammed
3. Members point out 1 and 2, which arguably doesn't not make a whole lot of sense with his explanation.
4. OP then requests to delete the thread.


Hmm...seems rather normal to question odd behavior and most certainly does not appear to be related to the color of the vehicle...but I'm sure you knew that already though. :biggrin:

He posted Jan 8th his new car. Then he posted he was scammed on Jan 28. Why would you post your new car first and then post you where scammed weeks later. And then ask mod to delete the thread. Did he buy both cars at the same time? Cause if i recall i think he said it's been over a month since he was scammed.

 

[Malibu Rapper]

No thread hijacking please. WE NEED TO GET TO THE BOTTOM OF THIS! :biggrin: :smile: I know exactly whats going on. I smell a bucn of BULLCACA!!!:wink: :biggrin:

His story is legit. Easy on him, he's new to the states. I think in the end he will get his money back.

He's from Thailand where the NSX would cost 2-3 times as much so buying something like an NSX here is about how much they pay for a Camry. So for the price of 2 Camrys, he can get 2 NSXs.

Keep us posted Tee and good luck with everything. Let me know if there's anything I can do to help...

 

[nsx-tee]

The reason I asked to delete this post was because it seemed to me like it could got out of hand.


I have no intention to say that I have a lot of money (unfortunately, I don't have a lot of money). I had to transfer my extra fund from my country to buy the other one because I really want to own an NSX and bring it back with me. In order to bring it back, I need to own it for at least 1 year and 6 months. NSX is a lot more expensive in Thailand. 1991 NSX still costs approximately $100,000 there. If I'm not mistaken, I think they stopped importing NSX since 1993.

I didn't post the scam story before because I thought I would get my money back sometimes soon. The seller of the first car and I had contacted back then. Yet, these days he said he is still in Hong Kong dealing his business so we are rarely in contact. So I decided to post and ask for suggestions and recommendations, which were provided. Thank you, they surely help.

The owner of the first car decided not to sell it because his wife didn't allow him to sell it.
He later wrote a notarized contract with his land as collateral. I don't know what to do with that. Where can I bring the contract to in order to take action?

I hope my English is good enough to make you guys understand.
If not, sorry.

 

[scorp965]

The reason I asked to delete this post was because it seemed to me like it could got out of hand.

I hope my English is good enough to make you guys understand.
If not, sorry.

I understood your story the first time, I think people were concerned once you edited your posts, as then the entire story was not as apparent.

It's an unfortunate situation, but I think you have already waited far too long, and at this point the seller is taking advantage of your trust. I would approach this situation in an escalating manner, that is, first contact him, impress upon him the urgency with which you require a refund, and tell him if he fails to provide you with your money back you're going to take legal action. Do not allow him to make any excuses, the time for that has long since past, he doesn't get a week, he gets 3 business days, maximum, in case he needs to transfer funds from another bank. Once these three business days have gone by, I would contact a lawyer who has experience handling contract disputes - have them review the notarized contract, and ensure the land referenced is actually owned by this other party. If it is, proceed to sue this person and obtain a judgment against them for the amount you're owed.

Going to the police is only going to give the seller warning you're starting some kind of legal action against him, allowing him to hide assets, or create excuses, and will not result in any real action, and will likely not result in you getting your cash back. Giving him an opportunity to pay you your money back, and telling him flat out the free ride is over, seems to be the least intensive solution - if this doesn't work, you will need to seek legal help. Doing nothing is not an option, waiting this long, when you paid him cash, is ridiculous. If this person is telling the truth, which I doubt, his wife has no problem with him putting their property in a contract, and his wife has no problem with him taking your cash, but will not let him sell an automobile? I don't know the seller's exact situation, but for many nsx owners, their wives or gf's would be the first to put their car in the autotrader, to make up for lost attention :tongue:

I wish you luck in this transaction, you have been more than patient with this seller, and now is the time for action.

 

[RSO 34]

I still think this is a scam and may be too late but I would go to the police first for the following red flags:

1. The "seller" lives in Texas and owns a winery in San Francisco.
2. The Texas "seller" is now in Hong Kong promoting his California wines.
3. The California winery owning Texas "seller" puts up land in Arizona as "collateral" for a "contract" to return your money.
4. His "wife" does not want him to sell a car and yet does not encourage him to return your money.
5. 4 months have elapsed without any signs you will get your money back.

First of all, you already had a "contract", albeit an oral one, to purchase the vehicle with your payment being consideration for his promise to deliver the vehicle. His failure to deliver was a breach of that oral contract entitling you to a return of your funds. That has not happened.

The second "contract" with land as collateral most likely is meaningless since I doubt he has any land in Arizona but without seeing the contract I suspect it transfers no actual legal interest in that land to you.

Your ability to bring legal action will be hampered by venue requirements. You live in California and the limited information in your orginal posts points to the initial sales contract being entered into in Texas. That may require you to commence suit in Texas. Even if there is any legitimacy to the second contract utilizing Arizona property, you would then need to get a judgment in Texas and try to have the Arizona courts recognize that judgment and take action against the land in Arizona, all while you are residing in California.

Quite simply, the seller's story does not pass the "sniff test" and I still think it is a scam. Going to police is not going to put you in a worse position with respect to a breach of contract action because if the seller is telling the truth he is well aware of your right to sue for recovery of your funds.

I disagree with a prior post about using law enforcement allowing the seller time to hide his assets, etc. If he has the assets he claims with respect to winery in San Francisco, the land in Arizona and the house in Texas he clearly has sufficient assets to refund your NSX payment. However, I just cannot believe his story and unfortunately think your money is long gone so that only criminal penalties should be explored as the immediate option.