can the purchaser bail out now?

chrisc4290 said:
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..
Click to expand...

I really really hope it doesnt come to this. I got on well with the okes there at AA today, we were having a good laugh. So I just hope he has some common sense and see that this chick is just trolling.

edit : going to sleep... will update all in the morning (thanks again for the help) +rep to all
 
I'm in a similar situation. Recently signed a lease agreement but now found another place. :( not going to try and cancel though.
 
The way I see it:

The written contract is signed and binding, meaning that each party has to deliver his part of the deal. But as you have not delivered the car (you still have it) then she has no obligation to pay. There is no penalty clause in the contract that she is liable for so I guess all you can fall back on is loss or damages of some sort that she needs to compensate but which you need to be able to prove, which is not worth it. At the moment your only loss is your time taken and bandwidth used to post this thread, possible extra advertising costs and the oppertunity cost of a better offer turned down (which you did not get any).

Had she taken the car without paying, then obviously she is liable for the purchase price and she cant complain about the condition as it is voetstoots. No one party has performed yet though.
 
Stefanmuller said:
The way I see it:

The written contract is signed and binding, meaning that each party has to deliver his part of the deal. But as you have not delivered the car (you still have it) then she has no obligation to pay. There is no penalty clause in the contract that she is liable for so I guess all you can fall back on is loss or damages of some sort that she needs to compensate but which you need to be able to prove, which is not worth it. At the moment your only loss is your time taken and bandwidth used to post this thread, possible extra advertising costs and the oppertunity cost of a better offer turned down (which you did not get any).

Had she taken the car without paying, then obviously she is liable for the purchase price and she cant complain about the condition as it is voetstoots. No one party has performed yet though.
Click to expand...

I don't think you can use the term "voetstoots" anymore. LINK 1
LINK 2
 
right so this was the email I got from her this morning. No mention of the AA stuff so Im assuming the AA dude set her straight. She wants to take delivery once she has paid? Is this a good idea? What happens if something happens to the vehicle between her paying and the doc being handed over to her (which could be a week!!)

Hi x

I chatted with wesbank, they said that it takes 48 hours for my funds to clear on their side, then up to 5 working days for you to receive documentation for them enabling you to sell the car. considering that this is quiet a long time for me to have paid and then still have to wait for the documents, would you be willing to hand over the car once all funds are paid and then once documentation has arrived I come collect those from you?

Thank you
x
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just got the confirmation that she is bailing out

Hello x

I am really sorry, unfortunately my situation has changed and I will not be purchasing your car.
I appreciated your effort,
All the best

x
Click to expand...

quite pissed off :mad:
 
Financing a car you want to buy privately is always a big big pain :(

As nothing have changed hands, money or car, nobody is under any obligation, contract or no contract.

Regarding roadworthy cost, she asked for it and you offered to do it, so why should she pay?
At least you now have it and can add it to your advert.
Go advertise your car on free sites :)

Only consider the car sold once money has cleared your account and not before that.
 
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