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View Full Version : This customer of mine is going to get screwed out of 7k



BacktoBasics
08-20-2009, 12:47 PM
I warned him but he didn't listen. 19 years old. Here's how it goes. This kid gets in a car wreck and settles with the other guys insurance company.

He then comes in and puts a 500 dollar deposit down and asks me to hold a trailer for him. He's a big mouth so I got the whole story. Normally I dump guys like this but there wasn't anyone else to talk to and the girlfriend looked pretty damn good. Rule number is never hold a trailer for someone waiting on settlement money because it never goes down as expected. I went ahead and told him I'd hold it for him. No skin off my back and if I had another buyer I wouldn't actually turn them away. I just wanted to make him feel better by thinking he actually had a hold on something. You never know about the off chance he actually comes through.

5 days later (no other buyers) and surprise he hasn't seen his money yet. He desperately doesn't want me to sell this trailer to anyone else so he offers to bring me 7k dollars now and the rest later when his money comes in. I advised him against this and told him that if we did take 7k to hold the trailer it would be non-refundable. He's certain his settlement money will arrive. He signs a contract. He has 3 weeks to bring the additional 13k.

He'll either not get his money or his lawyers will nab most of it. This isn't going to go well for him. You should have seen how quickly the boss went to the bank to deposit the money.

IronMexican
08-20-2009, 12:50 PM
That sucks for that dude. What a dumbass 19 year old, though.

Trainwreck2100
08-20-2009, 12:50 PM
hopefully he doesnt come back and shoot your ass

BacktoBasics
08-20-2009, 12:54 PM
That sucks for that dude. What a dumbass 19 year old, though.He'll be visiting the "what would you have done differently thread".


hopefully he doesnt come back and shoot your assIt was his idea. His plan. I advised him to not hand over 7k on something so uncertain. He said it was money in the bank. He's got nothing to shoot me over.

Trainwreck2100
08-20-2009, 12:57 PM
It was his idea. His plan. I advised him to not hand over 7k on something so uncertain. He said it was money in the bank. He's got nothing to shoot me over.



When people are confronted by their own ignorance they tend to lash out at the one doing it.

BacktoBasics
08-20-2009, 01:01 PM
When people are confronted by their own ignorance they tend to lash out at the one doing it.That is where I show him the office of the man who owns this place and deposited his money and refuses to refund it.

Its not going to be me.

I know exactly how this will go down. I'll get a call. He won't have his money and he'll beg me for a refund. I'll tell him that I think a refund is totally fair and doable and that I'll do what I can to help. Then pass the call over to my boss.

HeadBanger
08-20-2009, 01:03 PM
He should call J.G. Wentworth.

Dex
08-20-2009, 01:13 PM
Seems rough to make a 7,000 dollar deposit completely non-refundable, but if he was dumb enough to sign the contract, then he'll deserve whatever he gets.

Cry Havoc
08-20-2009, 01:16 PM
Ah, the old, "don't spend dollas before you has dem" philosophy.

It's pretty basic. I'm amazed at how many people are that quick to spend non-existent cash.

A fool and his money...

BacktoBasics
08-20-2009, 01:17 PM
Seems rough to make a 7,000 dollar deposit completely non-refundable, but if he was dumb enough to sign the contract, then he'll deserve whatever he gets.He's asking me to take a really nice 20k dollar used 5th wheel off the market for up to 3 weeks. I'm not going to just sit on inventory and hold it on the assumption that you'll eventually buy. There's a cost involved with pulling nice shit off the market. For him that cost was 7k.

If we went around holding trailers for every jackass that asked for it we'd lose deals left and right.

CubanMustGo
08-20-2009, 01:26 PM
Fool:money ---> parted

IronMexican
08-20-2009, 01:26 PM
Can he at least use that 7k to buy a shittier RV?

TDMVPDPOY
08-20-2009, 01:28 PM
dude, dont be surprise if he comes back with a gun.....

Bigzax
08-20-2009, 01:29 PM
all trailers have to be paid in full to get them or what?

you don't have payment plans?

BacktoBasics
08-20-2009, 01:29 PM
Can he at least use that 7k to buy a shittier RV?
Non-refundable also means non-transferable. He's basically paying 7k for us to not sell the trailer to the next available buyers. A lost deal is lost money so a transfer is out of the question.

BacktoBasics
08-20-2009, 01:30 PM
all trailers have to be paid in full to get them or what?

you don't have payment plans?I would be shocked if a 19 year old could qualify.

...and remember he's paying cash so no need to finance when the "money's in the bank".

phyzik
08-20-2009, 01:31 PM
Im really curious what kind of trailer you get for $20k

BacktoBasics
08-20-2009, 01:31 PM
dude, dont be surprise if he comes back with a gun.....I really don't care. I wouldn't mind losing a co-worker or 5.

Spur-Addict
08-20-2009, 01:34 PM
He should call J.G. Wentworth.

:lol

BacktoBasics
08-20-2009, 01:35 PM
Im really curious what kind of trailer you get for $20kIts a 2003 Montana Fifth Wheel 32' 3 slides. Loaded. 20k out the door.

MaNuMaNiAc
08-20-2009, 01:38 PM
I really don't care. I wouldn't mind losing a co-worker or 5.

:lol

samikeyp
08-20-2009, 01:39 PM
Fuck him.

If you warned the dude and he dropped the cash anyway, its on him.

manufan10
08-20-2009, 01:41 PM
Its a 2003 Montana Fifth Wheel 32' 3 slides. Loaded. 20k out the door.

That's what I've been looking for. Care to make a deal? :lol

BacktoBasics
08-20-2009, 02:04 PM
That's what I've been looking for. Care to make a deal? :lolI have others. Are you a cash buyer?

mrsmaalox
08-20-2009, 02:08 PM
That's what I've been looking for. Care to make a deal? :lol


I have others. Are you a cash buyer?

No no no! Don't ever tell if you are a cash buyer!

See B2B? I've been listening :D

manufan10
08-20-2009, 02:16 PM
I have others. Are you a cash buyer?

I have $7,000.. can you hold it for me? :D

lebomb
08-20-2009, 02:22 PM
WTF does a 19yr old want with a 5th wheel??? Just curious?

lil_penny
08-20-2009, 02:31 PM
WTF does a 19yr old want with a 5th wheel??? Just curious?

My exact question lol

jack sommerset
08-20-2009, 02:39 PM
Do you get a bigger cut of the 7 g's since nothing got sold?

Bigzax
08-20-2009, 02:46 PM
so if he doesn't come up with 13k in 3 weeks, it's all over?

BacktoBasics
08-20-2009, 02:49 PM
WTF does a 19yr old want with a 5th wheel??? Just curious?He's going to live in it.


Do you get a bigger cut of the 7 g's since nothing got sold?I get nothing.


so if he doesn't come up with 13k in 3 weeks, it's all over?The boss will likely give him another week or two but beyond that he's fucked.

lebomb
08-20-2009, 02:52 PM
Ok.............I can understand the living in it thing. Just as good as an apartment I guess. And you can drag it any where you want.

jack sommerset
08-20-2009, 02:54 PM
I get nothing.

That would be fucked up if you get shot. By all means point him in the direction to the guy who ran to the bank to deposit his cash.:lol

jaffies
08-20-2009, 02:59 PM
I get nothing.

You may have already explained this, but
Who gets the 7k, and for what service?

I. Hustle
08-20-2009, 03:06 PM
Its a 2003 Montana Fifth Wheel 32' 3 slides. Loaded. 20k out the door.

I got 7k, will you hold it for me?!

BacktoBasics
08-20-2009, 03:10 PM
You may have already explained this, but
Who gets the 7k, and for what service?The boss gets the 7k. The "service" is taking a trailer off the market for 3 weeks and giving this guy time to handle his business and make the purchase. Guaranteeing him that this unit will not get sold out from under him within the 3 weeks.

Its more a matter of potential loss vs. a service. If I hold this trailer for him and tomorrow a buyer shows up wanting to pay 20k for the trailer I've lost his business and he might never return. The deposit covers the potential loss of business.

Basically the kid is a moron. I wouldn't put 7k down unless I had financing arranged or had the money in the bank.

Normally we take 200 bucks and the remaining balance upon pickup. But I wasn't going to take a deposit and hold something so uncertain for nothing. He proposed this.

I. Hustle
08-20-2009, 03:13 PM
I just want a cool trailer to go camping in. You got one of those? The vieja won't do tents so I want to get something off the ground.

BacktoBasics
08-20-2009, 03:15 PM
I just want a cool trailer to go camping in. You got one of those? The vieja won't do tents so I want to get something off the ground.
Pop-up? I got 4 or 5 of those left.

I. Hustle
08-20-2009, 03:17 PM
Pop-up? I got 4 or 5 of those left.

Yeah a pop-up. What do they run and cool is they?

Slydragon
08-20-2009, 03:39 PM
WTF man why you posting my business on here? I hope your boss likes it when I print this out and show how post everyone's business.

I told you I'll come back with the cash.....damn

BacktoBasics
08-20-2009, 03:41 PM
Yeah a pop-up. What do they run and cool is they?I got a small basic on for 6,495 and a nicer one with bigger beds, toilet and a shower for 8,995. They're very cool. All your friends and family will be jealous. You'll be the talk of the town.

I. Hustle
08-20-2009, 04:09 PM
I got a small basic on for 6,495 and a nicer one with bigger beds, toilet and a shower for 8,995. They're very cool. All your friends and family will be jealous. You'll be the talk of the town.

Shiiiiittt nikka that one for 9 grand sounds nice. Do it has curtains in case I wants to get nasty?


I think if I snagged that one with the toilet and shower I would def be able to get her to go camping. She says we need to find a place with a shower and restroom and electricity and this and that. I'm like damn might as well go get a room somewhere.

jaffies
08-20-2009, 04:58 PM
^^ well said.

Couldn't the guy just finance the remaining balance?

BacktoBasics
08-20-2009, 04:58 PM
Wow, sometimes 19 yr old have to learn the HARD way. 7k is a harsh way to learn. I've been burned before at that age, maybe for about 500...but not 7k. However, why did you lie to him and told him you would hold the trailer for 500? It seems like a double standard.


Secondly, 7k is a ungodly amount of money to hold something at that price for 3 weeks. I doubt you guys are making 7k profit on a 20k trailer and if you are, your boss is just a plain asshole. Covering yourself for 7k on a 20k trailer seems a little overzealous.

If I was still practicing law I would of torn you guys a new one for this kind of practice. You can't take money and then not hold something, then demand more for the same service. There is also cancellation period you must invoke with all short term transactions with high gain such as this. This is standard in all states that offer payday loans, car title loans, housing, etc. Usually on order of days. The great state of Texas has a 3-day "cooling off" period for contracts of this type, for ANY reason.

If you guys didn't give him this option, it's extortion...you lose. Plain and simple.

2k..3k.. now that would have been reasonable and probably immune to litigation. I hope you boss is prepared in case the shit hits the fan.I told him I would hold it for 500 in the off chance he comes through. Had I had a buyer I would have called him and returned his check for the 500 or given him the offer to come up with the 20k that day. There is no law on deposits. We can lift them at any time and take them at any time.

By the time he realizes he's not getting his settlement money his cooling off period is up.

If you read the back of the buyers order we can keep (according to law) all compensation collected if the deal isn't completed. That would even include his trade in if he were to have given us one.

There is no law that caps a dollar amount on a deposit. He signed a purchase order which is a contract that binds him to the purchase.


If the buyer retracts the offer or does not fulfill its obligations under the contract, the earnest is forfeited. Therefore, it is generally in the seller's best interest to see as high an earnest money deposit as possible.

BacktoBasics
08-20-2009, 05:02 PM
He signed a contract and can't fulfill it. It was his idea to create this contract. He signed his name and agreed to the purchase.

You're out of your mind if you think this would end badly for us.

Since the trailer is our business name and paid in full with no liens its 20k profit across the board. Its more a matter of what you lost on what was sold not what was taken in. There is not dealer cost on used as far at any profit margin would be looked at.

PM5K
08-20-2009, 05:14 PM
It's too bad your business isn't more interesting, because you post about it all the time.

BacktoBasics
08-20-2009, 05:19 PM
It's too bad your business isn't more interesting, because you post about it all the time.I must have spent a minimum of 5 hours doing nothing today. It was totally dead. Maybe 4 customers. I can't wait to get out of this place.

Dex
08-20-2009, 05:25 PM
I must admit, I know more about trailers than I did when I woke up this morning. :tu

Clandestino
08-20-2009, 08:08 PM
His place will be the next reality show.

Cry Havoc
08-20-2009, 09:05 PM
That's not correct. You can look up the numerous times these things have gone to trial. In this case the deposits is a supplement of the purchase contract. The 3-day cooling off period still applies. I've actually been involved with 2 trials with this issue. One involved a FSBO car purchase and the other was a yacht. Both eventually realized that they would get screwed over with litigation and settled after initial arguments. However, I doubt this kid has the legal backing to do so.

I'm not trying to say what you guys did was bad, you warned him plenty of times. However, anytime people end up screwing others to this large extent the smallest errors (like taking $500 for no real services) will often cause your interest to fail in trial. You guys should be aware of things like this, it'll save headaches later.

Dude. He came up with a contract and then signed his name to it. It's not like B2Bs business advertises that they will hold a trailer for *only* $7,000. The kid is the one with the problem here, because he agreed to pay for a product by a certain date and it does not appear that he will be able to do that.

He signed with full knowledge of the terms. It's his fault, and I can't imagine any court letting him off the hook because the contract was not the best in his favor. If the court went out declaring some contracts to be "bad" for the consumer, that's a pretty slippery slope they fall onto, since it's murky what -- at that point -- would constitute an unfair contract.

PuttPutt
08-21-2009, 01:06 AM
Dude. He came up with a contract and then signed his name to it. It's not like B2Bs business advertises that they will hold a trailer for *only* $7,000. The kid is the one with the problem here, because he agreed to pay for a product by a certain date and it does not appear that he will be able to do that.

He signed with full knowledge of the terms. It's his fault, and I can't imagine any court letting him off the hook because the contract was not the best in his favor. If the court went out declaring some contracts to be "bad" for the consumer, that's a pretty slippery slope they fall onto, since it's murky what -- at that point -- would constitute an unfair contract.


I have to take B2B's side too. It's a case of an immature, ignorant 19 year old. 19 year old came up with the contract & the money was his idea too. B2B & his boss did nothing wrong IMO. Big time case of the dumbass.

angrydude
08-21-2009, 01:29 AM
All about the kid being stupid and its his idea is great and all, but if the kid lawyers up real good nothing is certain. There are a number of ways this could be spun and all it takes is a judge willing to listen to get real annoying and expensive. Not that that is likely to happen, but don't take it for granted.

PM5K
08-21-2009, 01:47 AM
All about the kid being stupid and its his idea is great and all, but if the kid lawyers up real good nothing is certain. There are a number of ways this could be spun and all it takes is a judge willing to listen to get real annoying and expensive. Not that that is likely to happen, but don't take it for granted.

If the kid has the money for a lawyer then he'll come up with the rest of the money for the trailer.

newacc
08-21-2009, 04:01 AM
Dude. He came up with a contract and then signed his name to it. It's not like B2Bs business advertises that they will hold a trailer for *only* $7,000. The kid is the one with the problem here, because he agreed to pay for a product by a certain date and it does not appear that he will be able to do that.

He signed with full knowledge of the terms. It's his fault, and I can't imagine any court letting him off the hook because the contract was not the best in his favor. If the court went out declaring some contracts to be "bad" for the consumer, that's a pretty slippery slope they fall onto, since it's murky what -- at that point -- would constitute an unfair contract.

You'd be surprised how many straightforward contracts don't hold up.

BacktoBasics
08-21-2009, 09:15 AM
That's not correct. You can look up the numerous times these things have gone to trial. In this case the deposits is a supplement of the purchase contract. The 3-day cooling off period still applies. I've actually been involved with 2 trials with this issue. One involved a FSBO car purchase and the other was a yacht. Both eventually realized that they would get screwed over with litigation and settled after initial arguments. However, I doubt this kid has the legal backing to do so.

I'm not trying to say what you guys did was bad, you warned him plenty of times. However, anytime people end up screwing others to this large extent the smallest errors (like taking $500 for no real services) will often cause your interest to fail in trial. You guys should be aware of things like this, it'll save headaches later.There is absolutely zero validity other than what "might" have occurred with his 500 dollar deposit. As far as everyone is concerned the trailer was held because its still on location so the service was in fact rendered. He would have received his money back had a real buyer shown up and he would have been given ample opportunity to seek payment in full. So you can see it however you like but there's nothing illegal about it.

500 bucks, unit held, when new buyer shows up, he would have first shot at it.

Now on to the 7k.

We have kept a very fair share of deposits over the years for people who have taken units off the market with intentions to buy but failed to complete the transaction. Say 4-5 a year. Some have hired lawyers some have fought it. Never once has anyone recouped their money because Texas state law is clearly written on the back of the purchase order/contract. It states that we can legally keep compensation up to and including their trade if we see fit. Compensation would be considered full profit based on full MSRP of new and full retail sale value of used.

You couldn't be more wrong.

BacktoBasics
08-21-2009, 09:21 AM
The potential loss in this case would be 20k profit. The full value of the unit since its owned out right. His 7k, if he fails to deliver, would be considered more than fair compensation for the loss of it being taken off the market.

Furthermore it'll be held up by the contract he signed. There is no limit by law on what % earnest money you can collect.

Above and beyond everything. I DON'T GIVE A FUCK WHAT HAPPENS. I win if he buys (commission). I win if he fails (giant emotional shit storm from all sides).

BacktoBasics
08-21-2009, 09:22 AM
Just FYI we normally return peoples deposits. Its the ones that have us take stuff off the market for unusual lengths of time (three weeks, a month, two months) that we keep. If you come in and we can't work it out in finance over the course of two to three days. I just give the deposit back and no hurt feelings.

Soul_Patch
08-21-2009, 09:23 AM
Just sign here son, and the 5th Wheel is yours!

http://i76.photobucket.com/albums/j24/joebnfran/blog%20pics2/salesman.jpg


Is this you b2b? :)

ploto
08-21-2009, 09:35 AM
I must have spent a minimum of 5 hours doing nothing today. It was totally dead. Maybe 4 customers. I can't wait to get out of this place.

Then, isn't it kind of difficult to claim you provided this guy a $7000 service by holding his item off the market when no one else even wants it?

BacktoBasics
08-21-2009, 09:45 AM
Then, isn't it kind of difficult to claim you provided this guy a $7000 service by holding his item off the market when no one else even wants it?No its not difficult. Anyone can walk on at any time and want something. If its parked in the back and not up for sale then as far as any potential buyer is concerned it doesn't even exist. We don't even have to provide proof that we turned buyers away. That factor is essentially removed from the equation because the service is the act of holding it not turning buyers away.

The potential for a buy is every day, every hour, every minute, every second. When something isn't up on the lot being advertised then its considered a loss of potential profit.

SAGambler
08-21-2009, 09:51 AM
The boss gets the 7k. The "service" is taking a trailer off the market for 3 weeks and giving this guy time to handle his business and make the purchase. Guaranteeing him that this unit will not get sold out from under him within the 3 weeks.

Its more a matter of potential loss vs. a service. If I hold this trailer for him and tomorrow a buyer shows up wanting to pay 20k for the trailer I've lost his business and he might never return. The deposit covers the potential loss of business.


Sounds like you never heard of the difference of "potential" and "in reality".

manufan10
08-21-2009, 09:54 AM
This kid reminds me of something:

http://www.profile-comments.com/images/posters/images/dumb.jpg

BacktoBasics
08-21-2009, 09:59 AM
Sounds like you never heard of the difference of "potential" and "in reality".
I don't fucking need to hear the difference because the law on the fucking contract he signed clearly defines "potential loss" and exactly how we go about being compensated for it. So in big mother fucking fat ass reality I don't give a flying fuck what happens because this fucking stupid arrogant dipshit know it all assfuck signed a big fucking legal document binding him to a purchase. Guess what dickface his earnest money sealed the fucking deal.

To further pound this point down your wide open ass "in reality" is what the unit will sell for and as far that contract is concerned its 20 fucking thousand dollars.

coyotes_geek
08-21-2009, 10:40 AM
Sounds like you never heard of the difference of "potential" and "in reality".

The reality is that it was the kid who decided he wanted to put down $7,000 of real money to hedge against that trailer potentially selling.

Cry Havoc
08-21-2009, 10:49 AM
Sounds like you never heard of the difference of "potential" and "in reality".

Sounds like you've never heard the definition of "contract". Good one, though. You almost had him. :rolleyes

Cry Havoc
08-21-2009, 10:52 AM
You'd be surprised how many straightforward contracts don't hold up.

And you'd be surprised that ~99% of all contracts are in fact hold up to the letter on the document. That's why it's a contract. It's not a "sign a stupid deal so the court can rescue you later" bill. It's a binding agreement that almost everyone who signs the dotted line ends up paying or dealing with the breach of said contract.

SpursReportSucks
08-21-2009, 10:58 AM
I I don't give a flying fuck pound this point down your wide open ass .

this alone was worth my time reading this topic. :lmao

tonylongoriafan
08-21-2009, 12:07 PM
i've always wondered what the typical protocol is for purchasing a trailer...specifically a used one...is it like a car? what's the process?

lebomb
08-21-2009, 12:23 PM
I don't fucking need to hear the difference because the law on the fucking contract he signed clearly defines "potential loss" and exactly how we go about being compensated for it. So in big mother fucking fat ass reality I don't give a flying fuck what happens because this fucking stupid arrogant dipshit know it all assfuck signed a big fucking legal document binding him to a purchase. Guess what dickface his earnest money sealed the fucking deal.

To further pound this point down your wide open ass "in reality" is what the unit will sell for and as far that contract is concerned its 20 fucking thousand dollars.


Dude, you seriously need a hug.............. :D

spursfan09
08-21-2009, 12:26 PM
No shit, and I thought I was bitter.

BacktoBasics
08-21-2009, 12:28 PM
i've always wondered what the typical protocol is for purchasing a trailer...specifically a used one...is it like a car? what's the process?
Things play out just like you buy a car. Only significant difference is that you typically don't want to drive off with the unit the same day you buy it. 24-48 hours for a make ready is normal protocol. We do a gas check, appliance check, plumbing check, electrical check and a good wash inside and out. Followed by a full walk thru and orientation when you pick it up.

Financing is different too. Its tougher to get qualified for an RV than it is a car. They finance long term 10-12 years normally. So the payment is super low. Yes you can finance short term but its usually better to just take the 12 year note and pay it off early.

BacktoBasics
08-21-2009, 12:29 PM
No shit, and I thought I was bitter.I'm not bitter he just doesn't fucking get it. Everyone seems to think that horrible shit can't happen to them whether its by their own doing or others. The fact of the matter is that life in general is stacked against you. Justice is rarely served in cases of extreme stupidity or ignorance.

manufan10
08-21-2009, 03:10 PM
Things play out just like you buy a car. Only significant difference is that you typically don't want to drive off with the unit the same day you buy it. 24-48 hours for a make ready is normal protocol. We do a gas check, appliance check, plumbing check, electrical check and a good wash inside and out. Followed by a full walk thru and orientation when you pick it up.

Financing is different too. Its tougher to get qualified for an RV than it is a car. They finance long term 10-12 years normally. So the payment is super low. Yes you can finance short term but its usually better to just take the 12 year note and pay it off early.

What would be a reasonable down payment for a used one? I don't know exactly how all of this works; I'm just curious.

BacktoBasics
08-21-2009, 03:21 PM
What would be a reasonable down payment for a used one? I don't know exactly how all of this works; I'm just curious.Even with pretty decent credit I'd go in with the notion that I would be putting 10% down. Don't tell the salesman that though, just keep it in the back of your mind that you might need to or should put 10% down.

2nd chance financing would be 20% down.

The % down is determined by one of two factors.

1. Your credit
2. How much profit the dealer is trying to make.

Number 2 isn't a factor of you get a good deal. Number 1 isn't a factor with good to excellent credit.

Seems like a credit score of 710-715 or higher still qualifies you for 0 down. However very few banks are doing 0 down. Its nearly non-existent. Anything under 700 I'd expect to puts at least 10% down based on reason number 1.

grjr
08-21-2009, 04:16 PM
I'm not bitter he just doesn't fucking get it. Everyone seems to think that horrible shit can't happen to them whether its by their own doing or others. The fact of the matter is that life in general is stacked against you. Justice is rarely served in cases of extreme stupidity or ignorance.

http://www.newsday.com/polopoly_fs/1.194362.1250771123!image/1555989603.jpg_gen/derivatives/display_600/1555989603.jpg

manufan10
08-21-2009, 04:37 PM
Even with pretty decent credit I'd go in with the notion that I would be putting 10% down. Don't tell the salesman that though, just keep it in the back of your mind that you might need to or should put 10% down.

2nd chance financing would be 20% down.

The % down is determined by one of two factors.

1. Your credit
2. How much profit the dealer is trying to make.

Number 2 isn't a factor of you get a good deal. Number 1 isn't a factor with good to excellent credit.

Seems like a credit score of 710-715 or higher still qualifies you for 0 down. However very few banks are doing 0 down. Its nearly non-existent. Anything under 700 I'd expect to puts at least 10% down based on reason number 1.

Thanks for that info! :tu

Ed Helicopter Jones
08-21-2009, 05:11 PM
That's not correct. You can look up the numerous times these things have gone to trial. In this case the deposits is a supplement of the purchase contract. The 3-day cooling off period still applies. I've actually been involved with 2 trials with this issue. One involved a FSBO car purchase and the other was a yacht. Both eventually realized that they would get screwed over with litigation and settled after initial arguments. However, I doubt this kid has the legal backing to do so.

I'm not trying to say what you guys did was bad, you warned him plenty of times. However, anytime people end up screwing others to this large extent the smallest errors (like taking $500 for no real services) will often cause your interest to fail in trial. You guys should be aware of things like this, it'll save headaches later.



I've seen this in real estate in one of my own deals and with other people I know buy and sell real estate. The loophole in the whole thing is the fact that the buyer has received no consideration, and so it's ruled that no actual transaction or exchange has occurred. I lost a deposit on a remodel I was selling that way from a buyer whose financing failed in spite of having a prequal letter. I contended that the "consideration" the buyer received was me taking the house off the market for two weeks and me losing other potential sales of the property during that time. But I learned that there's no real way to legally keep an earnest deposit on real estate if the deal fails. So I'm not sure why folks, including myself, continue to go through the motion of asking for earnest money, other then it shows that the buyer is serious about the purchase, and has the means to write a large check.

I'm not sure if contracts on trailers are at all similar to those on real estate, but it will be interesting to see how this plays out.

However, regardless of whether I felt confident in my ability to keep the money or not, no amount of arm-twisting would have allowed me to take the $7K from this dumb kid. I've never seen someone have no other choice in a situation but to take someone's money who clearly was in over his head. I'd of told the kid to GTFO and kicked his ass out the door. I don't need his money that bad.

Jekka
08-21-2009, 06:16 PM
I have no knowledge of anything specific in this case or the case law regarding it but I do know the simple defense of "he signed a contract" doesn't always mean much. If something is illegal no amount of contractual obligation makes it OK. Like I said, I have no idea if that applies here, but it is something to consider when bringing up that the kid signed a contract.

I'm also with EHJ here. Just because the kid was dying to screw himself here doesn't mean you have to provide the oversized black dildo without the lube.

-Manny

ploto
08-21-2009, 06:44 PM
Just because you CAN do something does not mean you SHOULD.

rAm
08-21-2009, 07:12 PM
Hey B2B you may be right, but you and your boss are both dicks for knowingly jacking this kid.

rAm
08-21-2009, 07:13 PM
I'm also with EHJ here. Just because the kid was dying to screw himself here doesn't mean you have to provide the oversized black dildo without the lube.


Well put my man.

BacktoBasics
08-22-2009, 08:17 AM
Hey B2B you may be right, but you and your boss are both dicks for knowingly jacking this kid.I advised him against it. He didn't want to lose the trailer. I'm not going to refuse his business. That would be absurd.

lebomb
08-22-2009, 08:20 AM
I advised him against it. He didn't want to lose the trailer. I'm not going to refuse his business. That would be absurd.

I agree with B2B.......................he told the guy it was a bad idea to no avail. *shrugs*

Kinda like when your parents say..........."that bitch is crazy, I would advise leaving her alone", and you marry her anyhow. :depressed

BacktoBasics
08-22-2009, 08:35 AM
I've seen this in real estate in one of my own deals and with other people I know buy and sell real estate. The loophole in the whole thing is the fact that the buyer has received no consideration, and so it's ruled that no actual transaction or exchange has occurred. I lost a deposit on a remodel I was selling that way from a buyer whose financing failed in spite of having a prequal letter. I contended that the "consideration" the buyer received was me taking the house off the market for two weeks and me losing other potential sales of the property during that time. But I learned that there's no real way to legally keep an earnest deposit on real estate if the deal fails. So I'm not sure why folks, including myself, continue to go through the motion of asking for earnest money, other then it shows that the buyer is serious about the purchase, and has the means to write a large check.

I'm not sure if contracts on trailers are at all similar to those on real estate, but it will be interesting to see how this plays out.

However, regardless of whether I felt confident in my ability to keep the money or not, no amount of arm-twisting would have allowed me to take the $7K from this dumb kid. I've never seen someone have no other choice in a situation but to take someone's money who clearly was in over his head. I'd of told the kid to GTFO and kicked his ass out the door. I don't need his money that bad.Never once have had to return a deposit. Whether a transaction took place or not doesn't matter the law and its code is clearly written on the contract. This isn't just pertinent to the contract this a Texas State law that protects this dealership or any dealership from losing earnest money.

You guys over and over and over and fucking over again fight me as if there isn't a law saying its okay to keep his funds.

If you somehow had to give earnest money back then you had a shitty contract because the ones we use have never failed us. Hell twice in the last year we had people contact their lawyers. We just forwarded them the signed contract and that was the end of it.

Maybe this guy gets his money. Telling him to GTFO and refusing his business would probably have been more prone to litigation than taking his money.


Liquidated Damages

In an attempt to set a monetary damage amount in a case in which it may be difficult, the parties may include a provision that specifies the amount of damages in event of a breach. Such predetermined damages are called liquidated damages. For example, a company may put down "earnest money" for space in a mall and agree in the real estate contract to forfeit the earnest money to the mall owners as a damage award in the event of a breach. If the business owner decides not to open the store, the earnest money will be awarded as liquidated damages.

BacktoBasics
08-22-2009, 08:38 AM
Again we don't typically keep deposits. Its only in cases where someone wants us to take good product off the shelf and hold it for them for an unusual amount of time.

Seriously do you guy just go into car dealerships thinking that you could leave a refundable deposit and return to cancel the purchase a month later. Absolutely bullshit.

Fabbs
08-22-2009, 09:04 AM
Will this transaction and it's aftermath be made into a county song?
Video?
B2B would you want to play yourself?

Cry Havoc
08-22-2009, 10:18 AM
Seriously do you guy just go into car dealerships thinking that you could leave a refundable deposit and return to cancel the purchase a month later. Absolutely bullshit.

Exactly.

Cant_Be_Faded
08-22-2009, 10:47 AM
LOL hey B2B so most of the times someone is waiting on a settlement the lawyer ends up with most of the money?

BacktoBasics
08-22-2009, 11:32 AM
LOL hey B2B so most of the times someone is waiting on a settlement the lawyer ends up with most of the money?In my 6 years here I've never had someone come in and make a purchase with settlement money....and I get 3 or 4 a month that are "going to buy when the money arrives" or "the monies on the way". It never ends up being what they expect.

TDMVPDPOY
08-22-2009, 12:15 PM
unless its LAY-BY which is different than puttin down a deposit and forfeiting to purchasing....diff rules apply

Sense
08-22-2009, 07:20 PM
Well put my man.

Jekka is not a man at all.

She's a gorgeous lady... and MannyisGod's girl... that lucky basterd.

ploto
08-22-2009, 08:44 PM
Jekka is not a man at all.

She's a gorgeous lady... and MannyisGod's girl... that lucky basterd.

The post was signed by Manny.

Sense
08-22-2009, 09:06 PM
The post was signed by Manny.

HAcked.

EricB
08-22-2009, 10:09 PM
Hey B2B you may be right, but you and your boss are both dicks for knowingly jacking this kid.

Boo fucking hoo



You people ever heard of personal responsibility?


No wonder our country is going to shit.

“bright and shiny”
08-22-2009, 11:26 PM
Boo fucking hoo

You people ever heard of personal responsibility?

http://www.flatrock.org.nz/topics/older_and_under/assets/glasshouse.jpg

http://www.freestateproject.org/files/images/five_boxes_liberty_soap_box.gif


No wonder our country is going to shit.we are used to it.

http://www.michaeltotten.com/archives/images/George%20W%20Bush.jpg

BacktoBasics
09-03-2009, 09:06 AM
Well he got his trailer. Sure enough the insurance company sent him about a third of what they said they would send. His lawyer then ravaged about half of that so he went into full panic mode. Eventually his dad who hunts with the President of a small bank out of Beeville co-signed a loan at 17.5% interest with another 3k down and we were able to get this wrapped up. All's well that ends well. Considering the kid had no credit the co-sign probably isn't a bad thing.

clambake
09-03-2009, 10:09 AM
Well he got his trailer. Sure enough the insurance company sent him about a third of what they said they would send. His lawyer then ravaged about half of that so he went into full panic mode. Eventually his dad who hunts with the President of a small bank out of Beeville co-signed a loan at 17.5% interest with another 3k down and we were able to get this wrapped up. All's well that ends well. Considering the kid had no credit the co-sign probably isn't a bad thing.

dad took the bullet.

this will end badly.

BacktoBasics
09-03-2009, 10:19 AM
dad took the bullet.

this will end badly.
Dad already had shitty credit. I suspect the bank will be calling us in about 6 months asking if we'll consign it for them.

I. Hustle
09-03-2009, 10:19 AM
lol His dad is screwed

CosmicCowboy
09-03-2009, 11:32 AM
Dad already had shitty credit. I suspect the bank will be calling us in about 6 months asking if we'll consign it for them.

Sheeeeut...10K down on a 20K trailer. Bank calls in six months and you take the trailer back for loan payoff. Sell that bitch again and the Boss banks.

Bigzax
09-03-2009, 12:23 PM
damn. putting 10k down on a 20k purchase and financing the rest at 17% is beyond desperate, but i guess when you need a place to stay, you need a place to stay.

Nbadan
09-03-2009, 07:45 PM
He had $7k, he could buy your house....