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Old 29th May 2020, 10:18   #16
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Re: Sold car, but buyer wants to cancel the deal - Now what?

Quote:
Originally Posted by vikramvicky1984 View Post
Maybe you ask him to share details of his job or business.
Come on, let's not be naive. When the CEO & top management of large corporations like VW & Enron can commit fraud, why should we place any weight on someone who works with Infosys or Godrej (just examples)? People from any & every background lie.

In my opinion, the buyer regrets his purchase because of:

- A mechanic telling him it's not a car worth buying
- Finding out that parts are expensive / hard to find
- His friends asking him "you bought WHAT car?" (few people have heard of the Fluence)
- Find it too big in size
- Any other reason

Last edited by GTO : 29th May 2020 at 10:21.
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Old 29th May 2020, 10:26   #17
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Re: Sold car, but buyer wants to cancel the deal - Now what?

We don't know actual facts, only OP can verify by physically visiting the guy. But to me, the explained scenario appears to be a good script to scam people.

In uncertain times of COVID where chances of scam are very high, be wary of any sale/purchase - be it vehicles or property.
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Old 29th May 2020, 10:26   #18
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Re: Sold car, but buyer wants to cancel the deal - Now what?

That's a tricky situation to be in!

Below is what I feel can be done in case if you are ok to take the car back.

Ask the buyer to produce a geniune medical certificate. You can speak to the hospital independently and check if his father is really admitted there.

Once you are satisfied that the information he provided is correct, please involve a lawyer to ensure you get the correct information as to how you can take the car back. Ensure that you are covered from any crime that might have happened during the time when car was not in your possession.

If you decide it is too risky to take the car back:

Ask the person to sell it off to someone else himself and pay the balance money to you.
Again, here I think you will have to be very careful and would suggest involving a lawyer to be sure of your options.

On purely human grounds, if whatever the buyer has said about his father is true and he if he is really in need of money, I might have taken the car back, especially in this pandemic situation.
Yet, I would have involved a lawyer to absolve myself of any liability in future.
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Old 29th May 2020, 10:27   #19
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Re: Sold car, but buyer wants to cancel the deal - Now what?

This looks to be genuine but cannot believe any one in these times. If form 29 and 30 is signed, then car deal is done.

All sort of illegal things can happen in one day. So suggest not to reverse the transaction.

May be, you can see the reality in the hospital and ask him for a cheque for balance amount and wait for remaining payment for a month.

Anything Other than above help may put you at legal risk.

If forms are not signed, then your car and your money is fully at risk

Last edited by gkveda : 29th May 2020 at 10:33.
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Old 29th May 2020, 10:29   #20
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Re: Sold car, but buyer wants to cancel the deal - Now what?

It isn't uncommon for people to use very moving excuses (illness, accident, urgent surgery) to get money out of people. While moral decency expects one to trust the other person to be genuine, especially when invoking such reasons, the misery of consequences from being conned far outweigh the guilt of not trusting someone. As others on this have mentioned, you are in a tough spot either way: if you keep your foot down, you'll have to struggle to get the 30% back. Or, you cave and give the money/take the car and watch over your shoulder for some misuse to have happened in the few days the car was with him.

Better safe than sorry. Depends on you but it may be easy to live with guilt than spend a lot of time/energy/money coming out of any mess.

Quote:
Originally Posted by vikramvicky1984 View Post
No reputable guy will mess his background checks for few lakhs. COmmon people fear cases, FIR and bad CIBIL scores which will impact their future job/ loan prospects
That's what one may think. Our laws are not strict enough for fraud to be a deterrence.
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Old 29th May 2020, 10:31   #21
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Re: Sold car, but buyer wants to cancel the deal - Now what?

Thanks for sharing with us, such situations are a good example for everyone of us to follow a certain protocol when selling a car.

You can ask the guy to first leave the car with you.
If he is a genuine guy he would do so if he wants the money he spent IMO.

Later on verify the facts that he made, if things are genuine you can offer to help him by trying to sell your car to someone else.
On other hand, it could also be a situation wherein the buyer would want you to waive off the remaining 30% by trying to make up this story.

From what i feel about this situation, if he was genuine he would have called you on phone and spoke to you about it.
WA is good way to hide behind when you want to lie.

Last edited by silverado : 29th May 2020 at 10:34.
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Old 29th May 2020, 10:40   #22
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Re: Sold car, but buyer wants to cancel the deal - Now what?

Quote:
Originally Posted by lazybird View Post
Request members to suggest the way forward. Thanks
This is a very tricky situation and my suggestion will be to keep things simple. You already have 70% of the amount you were wishing for. Let the sale go through and tell the buyer he can pay you rest 30% whenever he has the capability.
Meanwhile just tell yourself you made a bad sale decision and under-quoted your car by 30%. This way you limit your downside risk and play a good samaritan as well.
Obviously you take a very strong financial hit but as others pointed out, there are just too many variables if you take your car back. In the event that the person you are dealing with is not genuine (50% probability), you are staring at a lot of sleepless nights.

And who knows, you might end up getting rest of 30% few months down the line whenever things stabilize for the buyer.

Last edited by warrioraks : 29th May 2020 at 10:41.
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Old 29th May 2020, 10:42   #23
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Re: Sold car, but buyer wants to cancel the deal - Now what?

Quote:
Originally Posted by lazybird View Post

Next day evening (28 May), he pinged me on whatsapp informing about a sudden tragedy in his family and requesting for cancellation of the deal. I will let the whatsapp screen shots do the talking.

As of now, I have given the delivery of the car unfortunately with 70% payment and I am holding the original RC till CC is applied and given to him for ownership transfer. I have also got his AADHAR as Id Proof handy.
There are two dimensions.

1) Monetary loss to you due to this transaction : Can be lesser resale, parts swapped, small dents etc. etc.

2) Potential Legal Issues : If the car has been involved in a hit and run, or If it was used to commit a crime.

#1 is an issue but less problematic. #2, can get you into a soup for a long long time to come. There is no way of ascertaining #2, as complaints may not have been registered or it may have been registered in a remote place and still not reflecting in the system or investigation is pending and hence vehicle is marked as unknown for now..

It is obvious that you will lose 30% of the money if you go ahead with the transfer. All things considered, it is best to cancel the deal, but take following precautions.

1) Talk to an advocate and draft an agreement detailing that deal and why it was cancelled. Also make sure to mention the exact dates car was not in your possession and send the signed (by both parties) and if possible notarized agreement to relevant authorities (RTO, Police etc) through registered post as well as email. if possible attach hospital bills of the buyer to this note.

2) Do a detailed inspection of your car while repossessing and take a video if possible,

3) Either withhold or not some portion of the advance (up to you..).

Quote:
Originally Posted by GTO View Post
There are too many things that could have gone wrong. He could have swapped parts (he mentions servicing it), or used it for a criminal offence.
...
Do so at your own risk and be prepared to face the consequences (legal and otherwise).
+ 1 : All this will be at your own risk, but you need to choose the lesser of the two evils. Getting ~30% lesser money for your car or potential legal issues.
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Old 29th May 2020, 10:44   #24
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Re: Sold car, but buyer wants to cancel the deal - Now what?

Would suggest you NOT to give the refund. But it would be difficult to get the balance.
Forgoing the 30% would be better than taking the car back with so many things running at the back of your mind as to what was done with the car. If the gentleman is true to his words you might feel guilty later but it's not worth to get into any legal hassles/other issues if it is not true.
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Old 29th May 2020, 10:54   #25
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Re: Sold car, but buyer wants to cancel the deal - Now what?

You ought to be upfront with the guy. Don’t feel bad about asking for details, and being suspicious:
1. Ask for details of admittance in hospital and check up if possible.
2. Speak with a lawyer/cop as to what documentation you would need to show that this person was in possession of the car in the period. Something that can be presented in court in case there has been some illegal activity/accident involving the car.
3. Have a mechanic check the car head to tail in the guy's presence to ensure that something has not been broken and hidden away. Who knows, he may have knackered something up, and he may looking to get out of fixing it.
4. Video as much as possible
5. Check for challans
6. If all checks out, retain some part of the money given to you and release the rest after a month or so.
At any point, do not give the benefit of doubt; treat this only as a buyer-seller relationship. This is the unfortunate reality of our times. With the way people are, sometimes the honest also get marked with suspicion, but it’s hardly your fault.
Best case, his dad may really have had an accident, and you have helped him out.
Worst case would be an argument where he parts ways with “Do what you want; I am not giving you the remainder 30% amount”. Maybe that’s what he is after.
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Old 29th May 2020, 11:20   #26
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Re: Sold car, but buyer wants to cancel the deal - Now what?

I think the overall situation (Post lock-down) is such that people are reneging on deals, left, right and center. They're having second thoughts, be it vehicles or flats that are up for rent or sale. I'm seeing this happen all around me. You shouldn't have parted with the car without full payment. The accident looks like an excuse to squirm out, so do ask for proof. But it does look like he won't honour his part of the remaining payment (whatever your move). So the situation does call for a lawyer. Take one legal opinion
Quote:
Originally Posted by lazybird View Post
As of now, I have given the delivery of the car unfortunately with 70% payment
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Old 29th May 2020, 11:32   #27
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Re: Sold car, but buyer wants to cancel the deal - Now what?

Quote:
Originally Posted by GTO View Post
I don't know whether his situation is genuine or false, but I'm going to have to say a FIRM NO. A car once sold is sold...
Sorry but this is just so terribly inhuman that I disagree with you.
The world is not a CID episode and it doesn't hurt to check.
As for " a person who can afford a Fluence" ....whaat? It's a used Fluence, not a Flying Spur Bentley.

OP go and check out if it is a genuine, you don't want the guilt of not lending a hand in need to someone needy.

Last edited by Chetan_Rao : 29th May 2020 at 16:44. Reason: Trimmed quote.
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Old 29th May 2020, 11:55   #28
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Re: Sold car, but buyer wants to cancel the deal - Now what?

1.Humanity first.
2. Your safety second.
3. Money comes later.

Try to ascertain the identity and credential of the buyer. Try to establish whether the story is true. Do not meet them in unknown places even if it is hospital. Do the entire transaction in a public place of safety and convenience near a police station if possible. If the credentials and the story are satisfactory to you. Tell him to bring the car and give an undertaking/declaration(your lawyer drafted) first that he has taken the delivery of the car from you with time and date and returning back the car at particular time and date.

Take a complete videograph(with time stamp) of the car with him beside and send it to his whatsapp/email immediately(which creates additional time stamp and digital trail). Tell him to return the documents in original when he brings the car - no later business at all. If the documents are fine then after receiving the key then pay back in the same way how he paid you and to the same account only. Always keep one of your close friend relative with a stable mind with you - there would be lots of cock and bull stories to cut corners when all this transactions are happening. Check the car throughly for missing parts and additional new looking parts and collect the reciept for the service done. Call the service centre after you see the car and enquire about the services undertaken. Change the lock set at the earliest and reduce it from your refund amount.

Let the humanity win.

Last edited by aadya : 29th May 2020 at 12:00.
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Old 29th May 2020, 11:56   #29
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Re: Sold car, but buyer wants to cancel the deal - Now what?

It can be a case of buyer's remorse.

It happened many years back, one of my knowns bought my Matiz but after 3 days, told me that his family is not accepting, Daewoo was not doing well those days. I was young, inexperienced & the person was known for a few years, working in a nearby office so I gave delivery with about 50 % payment. The rest was to come via his Bank loan. In the old days, getting an old car financed used to be a challenge.

I had already paid the advance to Toyota dealer for a Corrola and explained the position to that person. The next day, few police guys turn up at my home and ask me to meet the SHO, apparently, this guy had some local connections in Police. I could have also found some contacts but decided to let it go and instead gave to Toyota dealership at a little less prices.

In your situation, getting the balance 30 % may be tricky and he can linger on. Unless you have good connections, better, take the car back after proper formalities.
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Old 29th May 2020, 12:17   #30
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Re: Sold car, but buyer wants to cancel the deal - Now what?

Quote:
Originally Posted by GTO View Post
In my opinion, the buyer regrets his purchase because of:

- A mechanic telling him it's not a car worth buying
- Finding out that parts are expensive / hard to find
- His friends asking him "you bought WHAT car?" (few people have heard of the Fluence)
- Find it too big in size
- Any other reason
I am with GTO here. Based on the whatsapp chat, I suspect something very shady. We have heard of many many stories of conning people with newer ideas everyday.

But on the other hand, if nothing suspicious about his claims and it is all genuine, you have a lot of hard work ahead of you when you take the car back (others have covered all the points so well).

Take care!.
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