19 Mar 2017

A question about : Agreed to sell car to aggressive buyer

Help please!
I have mental health problems (under care of Psych etc) and as I cant cope with driving and am short of finances, advertised my car for sale. Allowed myself to get hooked by a very aggressive buyer, who persuaded me to sell to him for only half of what I would have hoped to get for it. I suffer severe anxiety and depression and didn't have the strength to get him off my back so to speak- he was relentless with e-mails and texts.
He is coming to buy it on Monday, and he also persuaded me to email him a contract to sell, which I did. This is it

To Mr .....
This is to put in writing the agreement we made over the phone tonight, namely that I sell my Freelander (reg xxxx xxxx) to you for the sum of Јx cash. I understand you will be here
to purchase on Monday 9th Feb.
Yours,
My name

I know I have been duped and fear that when he arrives he is going to keep on finding faults (he has not seen the car yet- we have just emailed and spoken on phone) and keep on knocking price down. I also fear that if he buys it and then finds wrong he is going to make my life hell (I am not aware of any faults, but fear he is the type to find them) and that until I've almost given the car away to him, he is going to be a problem. He says he has now purchased a train ticket to travel here on Monday.

No money has been sent, and I still have the vehicle.

What can I do? I have allowed this to happen, but I did not expect such an aggressive person to hound me in to doing this. My anxiety is through the roof.

Is the agreement/ contract binding? Can I cancel? (If he can show me receipts, would refund his train fair) To put you in picture, hoped to get some Ј2K for car- he has beaten me so far down to Ј700.

Please, any advice gratefully received!

Best answers:

  • An agreement is binding when both parties mean for it to be binding.
    In a situation such as this, its unlikely theres a contract in place unless he is coming on monday with the sole intention of collecting the car and payment was agreed to be paid upon collection.
    If you have a mental health disability, contact your social worker and ask them to provide support. If not, ask friends/family or even a neighbour if they will help/be present when he visits. But please also keep in mind (and i'm not trying to offend or belittle you, i do understand) that your condition is likely making the situation seem worse than it actually is...you can't help it, its part and parcel of anxiety.
    As for faults once the sale is complete....I'm assuming you're a private individual (rather than a business who is trading) so its effectively "sold as seen".....the only thing it must do is match any description. So if you have listed it as including a cd player, there is a reasonable expectation the cd player will work (since its listed in the advert).
    If you really dont want to sell the car for the price mentioned, you're better telling him now. Providing (as above) there is no agreement to sell atm - because once a contract exists, you can become liable for the other persons losses if you pull out.
  • Just tell him you had a better offer and sold it already
  • Make sure the cash is authentic with that amount too.
  • Your email isn't a contract. A contract is when monies have changed hands. Get a friend/neighbour/relative to give you support when you tell him to !!!!!! off.
  • Just email him today and tell him it's sold. Then mark his email as spam and block his number.
  • Contact him today and tell him you no longer wish to sell the car to him as it is no longer for sale.
    If he shows up and causes a problem, then call the Police. While they cannot resolve any property dispute, if you explain to them the situation (being a vulnerable person) they should make him go away to prevent a breach of the peace
    If he wishes to take any action about the contract, then let him do so before a court, but personally I can't see it getting very far.
  • Tell him you sold it for Ј2,000 already and as you got its true value you'll pay for his train ticket so he's not out of pocket
  • I agree with others, just email him and tell him you've had a better offer and it's now sold.
  • I don't think that the email would be a binding contract to sell - it is an agreement to enter into a contract at a later date (Monday). I would contact the prospective buyer and say that unfortunately the vehicle is no longer available. If you really do struggle with dealing with the person's tactics and want to avoid speaking to them then get their number blocked and ignore any emails.
    Also, when you do come to sell the vehicle it's worth using a written contract that includes the right details. I've found the AA template quite good:
    https://www.theaa.com/motoring_advice...scontract.html
  • We buy any car.com......
    See what they offer. If it's more than Ј700 take that and sell it before this animal pops up to collect.
    If you don't like confrontation one of my friends has a solution to this. He hides! send an email saying you've changed your mind and then hide on Monday if he comes around.
  • OP just fire off an email today....tell him you have now decided to keep the car and sorry for any inconvenience, don't feel threatened by any emails he sends back just remember it's only an email......If you're worried he may just turn up anyway either move the car to another location, stay in and ignore the door or go out for the day in the car...
  • I would just phone buyer and tell him the truth, you have decided you do not want to sell at that price as it is more than half of what you wanted to get for it.
    If this person turns up at your house and verbally abuses you, pick the phone up and call the police, do not hesitate as no one deserved this just because you don't want to sell your car to them. This is called verbal bulling and with your illness and condition you do don't need this kind of treatment.
    Make sure you e-mail or phone him before it is time for him to come to your house, if you gave him your address.
    As someone else said if you decide to sell the car to anyone, make sure the notes are not fake, there are a lot of Ј20 and Ј50 fake notes doing the rounds and as per the news, there is very little difference between the real ones and the fake ones. It has something to do will the size of the v on the side of the Queen.
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