Selling NSX - Moral Dilemma

[Yellow Rose]

No Dice

Here's what I think......

What day is it people???????

Well Doctor may be onto his calendar, but trust me people, he has no clue as to the transaction on my car. No clue at all, so Doctor, if you think this is an April Fool's Day joke, please go take a cold shower.

Sheesh. some people just jump to conclusions.

 

[DocL]

Re: No Dice

Well Doctor may be onto his calendar, but trust me people, he has no clue as to the transaction on my car. No clue at all, so Doctor, if you think this is an April Fool's Day joke, please go take a cold shower.

Sheesh. some people just just to conclusions.

Either way, April fools or not, who gives a rats a$$ what you decide to do. Heck ,you can run the thing into a wall for all I care. It's your car, do as you please.


I gotta go take my shower now. :biggrin:

-Cheers.

 

[Ponyboy]

I, too, think one should be cognizant of which day this email falls on. And I thought the buyer was indeed a Prime member and all around hp junkie?

 

[gobble]

There are three factors necessary to create a contract: 1) an offer, 2) acceptance, and 3) consideration. One party makes an offer, the second party must accept the offer and there must be consideration exchanged. Consideration has to be something of value. Sounds like what happened in this case.

Depending on what is in those emails, you may have entered into a legally binding contract.

 

[KGP]

I need your help. How to I “gently” let him down and tell him the deal is off?

PS - he is not a PRIME subscruber that I know of.

Yea, I'll give you some help. Help falling of a cliff. Perhaps you don't recall where the buyer learned of your car, or perhaps he didn't even tell you. Me, a-hole! Did he metion that he's my brother in law?

The friggen reason it was purchased sight un seen is because of of the trust I <s>have</s> had in you, which was relayed to my brother in law. You sure are making my judgement look good.

 

[NetViper]

This is just so andy.

 

[Bob1374]

There are three factors necessary to create a contract: 1) an offer, 2) acceptance, and 3) consideration. One party makes an offer, the second party must accept the offer and there must be consideration exchanged. Consideration has to be something of value.

Depending on what is in those emails, you may have entered into a legally binding contract.

Thank god somebody finally said this, I was debating whether or not I should bother. If there has been no consideration exchanged there is not yet a legally binding contract formed. Period.

 

[gobble]

Thank god somebody finally said this, I was debating whether or not I should bother. If there has been no consideration exchanged there is not yet a legally binding contract formed. Period.

Since when is a check not consideration?

 

[KGP]

Depending on what is in those emails...

Screw the email's. He has far more lethal things to worry about right now.

 

[Steve T]

Back on soap box...

"If there has been no consideration exchanged there is not yet a legally binding contract formed. Period."

I hate lawers (unless they are on my side) and anything to do with them.
Legally binding or not it is just chicken shit to back out at this point.


Backl off soap box...

 

[Bob1374]

Back on soap box...

"If there has been no consideration exchanged there is not yet a legally binding contract formed. Period."

I hate lawers (unless they are on my side) and anything to do with them.
Legally binding or not it is just chicken shit to back out at this point.


Backl off soap box...

Spoken like a true hypocrite

 

[MiamieNeSeX]

This is just so andy.

Dont throw rocks.

This is just so "Dave"

Armando

 

[T Bolen]

4/1 or not, this is pretty damn good!

 

[Bob1374]

Since when is a check not consideration?

I don't believe the sending of an uncashed check will be sufficient to receive specific performance, although it's possible. Even if it is, the cost of litigating from out of state with this as your basis is more or less pointless, imo.

As a disclaimer, I am not arguing what is right and what is wrong but rather what the legal consequences would be. As for myself, I think backing out now is BS, especially given that it is considerably more difficult to find a perfect NSX to purchase as opposed to most other cars that are mass produced.

 

[ANYTIME]

 

[Steve T]

Bob1374 - I see my lame attempt at humor has provoked you, any chance your a lawyer :biggrin:

 

[Da Hapa]

Legally the car hasn't been sold. Morally, it has. Which matters more?

If your word is worth anything, the car is sold. The only way to hold on to it is to ask the other party to sell it back to you in my mind.
QUOTE]

IMO, perhaps the most succinct response yet.

Despite what others have said, honor and integrity still mean something to many of us in the United States. You are your own man, and since you asked for advice, I'll give you mine.

Do as you see fit. Just don't be surprised if others respond to your decision in a manner that you might not be comfortable with.

 

[NSX-GUY]

As a disclaimer, I am not arguing what is right and what is wrong but rather what the legal consequences would be.

Are you a lawyer ? (Just asking)


A long time ago I was taught that a "contract" was a "meeting of the minds" (No, I am NOT a lawyer). THAT seems to have been established here.

IMO, the car's been sold, both "morally" AND "legally". The buyer *sounds* like he would have a case should he decide to pursue it. It's unlikely he will as the costs involved probably wouldn't be worth the effort.

Do the right thing. Tell him you'd prefer not to seel the car and you will mail him back the check or just tear it up and see what he says (unless he's really the guy above in which case you already KNOW what he thinks - what he thinks and what he'll actually DO may be 2 different things entirely though)

 

[Bob1374]

Bob1374 - I see my lame attempt at humor has provoked you, any chance your a lawyer :biggrin:

Guilty as charged, and believe it or not I hate them too, haha. I was just pointing out the reality of the situation. I can't help it, this profession definetly screws up your mind. I would guess you need one now and again though, eh?

BTW, in the back of my mind I still think this is an April fools joke for everyone's enjoyment.

 

[Ponyboy]

Jeez, I cannot believe the nerve, rather the lack of, of some people. I was expecting much more forceful and derogatory language aimed at the original poster and the various responders. C'mon people!

Somone needs to:
* Use descriptive four letter words from the "cuss word" genre.
* Threaten the well-being of someone else.
* "Your mama..." or "...and your mother too."

Certainly, there are still some unrefined NSXers in the community.

 

[SCS2k]

LOL!

 

[DocL]

Jeez, I cannot believe the nerve, rather the lack of, of some people. I was expecting much more forceful and derogatory language aimed at the original poster and the various responders. C'mon people!

Somone needs to:
* Use descriptive four letter words from the "cuss word" genre.
* Threaten the well-being of someone else.
* "Your mama..." or "...and your mother too."

Certainly, there are still some unrefined NSXers in the community.

Shut the fcvk up! :wink:

 

[Bob1374]

A long time ago I was taught that a "contract" was a "meeting of the minds" (No, I am NOT a lawyer). THAT seems to have been established here.

Yes and no. In its most basic form a contract requires 1) offer; 2) acceptance; and 3) consideration.

If it were only that simple, there wouldn't be a need for lawyers that specialize only in contract law. For example, there can be alternatives for consideration if none is found to exist such as detrimental reliance. Sigh, I knew I should have listened to my father and become an engineer.

 

[NSX-GUY]

Yes and no. In its most basic form a contract requires 1) offer; 2) acceptance; and 3) consideration.

If it were only that simple, there wouldn't be a need for lawyers that specialize only in contract law. For example, there can be alternatives for consideration if none is found to exist such as detrimental reliance. Sigh, I knew I should have listened to my father and become an engineer.

Trust lawyers to complicate a pretty simply definition :biggrin: :biggrin:

But even still it sounds like all 3 items were met. :wink: (<---BTW, doesn't that "wink" look gay to you guys ???)

 

[djskyy]

I would offer to compensate him for his troubles.

totally agree...just tell him the truth...and if he's already got the airline ticket, being the good man I am;I would refund him his ticket along with the cancellation fee of the cashiers check...