can the purchaser bail out now?

techead

techead

Honorary Master
Joined
Apr 11, 2008
Messages
12,185
Reaction score
48
Location
by the mountain
Personal details removed for obvious reasons.

I drew up an agreement of sale, signed by her, a witness and myself.

Can she pull out of the sale now?

 
techead said:
Personal details removed for obvious reasons.

I drew up an agreement of sale, signed by her, a witness and myself.

Can she pull out of the sale now?

Click to expand...

No she can't. Not without penalty. Send her a letter asking her to comply with the agreement, give her a date to comply by, and state that if she doesn't you aim to claim specific performance (forcing her to comply) or damages for breach.

I'm assuming here that there was no misrepresentation on your part.
Why is the buyer pulling out?
 
Fenix_SA said:
No she can't. Not without penalty. Send her a letter asking her to comply with the agreement, give her a date to comply by, and state that if she doesn't you aim to claim specific performance (forcing her to comply) or damages for breach.

I'm assuming here that there was no misrepresentation on your part.
Why is the buyer pulling out?
Click to expand...

you sound like you know what you talking about?

she saw the vehicle on Sunday(yesterday). Took a good long look, in the mid-day sun and took it for a test drive. She was very happy. This was signed today when she called this morning and said she wants the vehicle. She asked me to take it for roadworthy, so being quite keen to get it all done and dusted I said sure. While I was there, I tossed in a complementary 40-point check. The guy noted that there were some small scratches and dents "on various panels". I scanned the RWC and this 40-point check through after work and sent that through to her email. She had agreed to transfer all monies this evening (17th) after I had sent the RWC and the signed agreement of sale through to her.

Then I get an email saying that they wanna call the place in the morning, that they not comfortable anymore. Its the same freakin car that they saw yesterday!?!? :wtf:
 
Last edited:
She has probably seen a better offer and this is her way of telling you. I would stick to your guns if I were you (unless you have buyers queueing at the door). Some people have no ethics or business sense.
 
chrisc4290 said:
She has probably seen a better offer and this is her way of telling you. I would stick to your guns if I were you (unless you have buyers queueing at the door). Some people have no ethics or business sense.
Click to expand...

im very angry about it all to be honest. I dont have people at the door, and it gets pricey advertising on car sites that charge now when they didnt charge before. If she had found a better offer, then why sms me at like 18h00 saying I must send through the RWC and signed sale agreement.... only to tell me, sorry not comfortable anymore??
 
abzo said:
She shouldn't have signed before the RWC.
Click to expand...

but she did, and the RWC is 100% anyway. The guy with her at the time even noted on the bonnet "hmmm some chips in the paint here probably from stones". We all agreed that this was NORMAL for a vehicle from 2006
 
Send her a polite SMS saying she is committed to the sale, give your banking details and ask her to deposit in full by MM/HH on DD/MM.
 
chrisc4290 said:
Send her a polite SMS saying she is committed to the sale, give your banking details and ask her to deposit in full by MM/HH on DD/MM.
Click to expand...

they wanna call AA in the morning and speak to the guy who did the inspection apparently. If I have heard nothing by 12pm I will draft an email re the above. Im gonna need some help wording that though... :o
 
Not for second-hand goods, no. Hope the AA guy is straightforward. Look, this car is 6 years old and is never going to be in pristine condition.
 
techead said:
you sound like you know what you talking about?

she saw the vehicle on Sunday(yesterday). Took a good long look, in the mid-day sun and took it for a test drive. She was very happy. This was signed today when she called this morning and said she wants the vehicle. She asked me to take it for roadworthy, so being quite keen to get it all done and dusted I said sure. While I was there, I tossed in a complementary 40-point check. The guy noted that there were some small scratches and dents "on various panels". I scanned the RWC and this 40-point check through after work and sent that through to her email. She had agreed to transfer all monies this evening (17th) after I had sent the RWC and the signed agreement of sale through to her.

Then I get an email saying that they wanna call the place in the morning, that they not comfortable anymore. Its the same freakin car that they saw yesterday!?!? :wtf:
Click to expand...

Well I'm a law student. So I only really have theoretical knowledge.
She probably found a better deal and that's why she is cancelling - but she has no right to do so. I can't think of any good reason on her part.
 
Fenix_SA said:
Well I'm a law student. So I only really have theoretical knowledge.
She probably found a better deal and that's why she is cancelling - but she has no right to do so. I can't think of any good reason on her part.
Click to expand...

+100. I could not have put it better. A contract is a contract and unless she dies in the night, she must honour it.
 
chrisc4290 said:
+100. I could not have put it better. A contract is a contract and unless she dies in the night, she must honour it.
Click to expand...

sigh... this is so gay

Hi x

Please note that as per the attached agreement you are liable to comply. You entered into a written and signed (and therefore binding contract). Please comply with the agreement by 17h00, 19th September, 2012.

Should you reject my offer to comply, unfortunately I will be forced to take this matter further and will aim to claim specific performance or damages for breach.

Regards,
x
Click to expand...

that ok??
 
Yes, spot on. Are you going to take us to lunch if she coughs up? I can come to Cape Town for it. A braai will also do..
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X