Toyspeed.org.nz Message Board

by **tiny2009** » Wed Mar 11, 2009 6:03 pm

I need a little bit of advice...

Been trying to sell my GT-Four for a little while now, initially was running fine then discovered suspected piston rings issue with cylinder 3 having some bad times. Dropped to what I thought was a reasonable price...

http://www.trademe.co.nz/Browse/Listing.aspx?id=204646107

To add to the fun before I listed on TM had a dude keen, agreed on a price but when came time to pay he wanted it cheaper... I am not too fond of people who don't follow through with gentlemen's agreement.

And now after some knob won the auction he kindly let me know "when I bid on it, I didnt saw that it need about 2000 dollar to fix the engin.And I only got abt 5000 to buy the new car." This was a week after he bid and made no attempt to contact me... I have been told that I can take it to small claims and most probably win as its a binding contract etc.

So am I asking too much for the shagged GT4?

And should I let Mr. Yun off the hook or chase it up with small claims?

by **deaf_rattle** » Wed Mar 11, 2009 6:05 pm

you would be wasting your time taking it to small claims.
do you think the car is worth $7k? if so leave it as is.

If you dont.. maybe drop the price.

in all honesty, you are probably better off to get the car fixed and sell it as a fixed item. you might not get as much for it, but should make it easier to move.

by **thaphatty** » Wed Mar 11, 2009 6:36 pm

small claims for someone backing out of a auction on trademe?! you're dreaming

cheers for the laugh

by **tiny2009** » Wed Mar 11, 2009 6:44 pm

Yeah no jokes.

Brother in law took someone to small claims after she didnt want to go through with a TM sale after winning an auction... went in his favour, as she didnt want to keep the 4x4 he was selling it was relisted with no reserve and she paid the difference.

by **deaf_rattle** » Wed Mar 11, 2009 7:22 pm

tiny2009 wrote:Yeah no jokes.

Brother in law took someone to small claims after she didnt want to go through with a TM sale after winning an auction... went in his favour, as she didnt want to keep the 4x4 he was selling it was relisted with no reserve and she paid the difference.

you must be kidding!

by **tiny2009** » Wed Mar 11, 2009 8:54 pm

deaf_rattle wrote:
tiny2009 wrote:Yeah no jokes.

Brother in law took someone to small claims after she didnt want to go through with a TM sale after winning an auction... went in his favour, as she didnt want to keep the 4x4 he was selling it was relisted with no reserve and she paid the difference.

you must be kidding!

Terms and conditions copied from Trademe:

Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable.

If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.

You must make full and prompt payment for any item you buy.

by **edwagon** » Thu Mar 12, 2009 8:29 am

Definitely an enforcable contract - a bid is binding!

I'm not sure that I'd ever actually take someone to small claims over it, but people do and its pretty black and white- bidder is forced to complete transaction every time.

by **rollaholic** » Thu Mar 12, 2009 12:17 pm

yeah i'd certainly be considering it for something of that value.

problem being, getting the courts to order payment and actually getting the money are two different stories.

by **GTCRSHR** » Thu Mar 12, 2009 4:36 pm

what happens if for example this was to go through the courts etc and they decided the seller was right ... and the buyer had to pay out,@$10 a week .... does he then own that car ?

correct in assuming he wouldnt be able to take "possetion" of the car untill the debt is paid in full ?

by **Adamal** » Thu Mar 12, 2009 4:49 pm

Its a pain in the ass, but truth be told, its probably not worth your time, and you're better off just relisting the car.

Website · by **Bling** » Thu Mar 12, 2009 4:55 pm

Yeah way too much effort imo. However if you have the time to burn.... I guess it would be interesting to see how if went

by **TRD_ZERO** » Thu Mar 12, 2009 5:18 pm

Take him to court, teach the little sh!t a lesson. Seems your family has had success with this in the past so why not take it to court again? Put it up for a dollar reserve ill put a bid down.

by **tiny2009** » Thu Mar 12, 2009 5:35 pm

I am quite interested in seeing how the disbutes tribunal works but I am hesitant at the same time as I expect it could be a hassle getting the money ($10 a week would be a pain) and wonder how long it might take to be heard.

Also a point to note, I found out today there is actually a "statutory declaration form for trademe customers" so could be a common problem.

Decided to relist for now, see if I can get close to what I want for the thing at least... just want it gone.

by **.:O4AGTZ:.** » Thu Mar 12, 2009 8:43 pm

no one cares about trademe auctions, its pretty much just between a buyer and a seller these days, or else the entire country would be lining up for small claims

Toyspeed.org.nz Message Board

Whats it worth and should I head to small claims?

Whats it worth and should I head to small claims?

Who is online