jelswick Posted July 18, 2011 Report Posted July 18, 2011 This is getting insane. If you keep moving in the way of the transaction, the person selling you something owes you follow-up. To instruct to spend money and then not complete the sale in a reasonable amount of time (and that isn't months!) means you've given up the right to get that back in your deposit. Most contracts I've seen would award the full deposit to Jimmie based on time taken, but the honorable thing, the thing Jimmie did was to return what was left of it from transactions instructed by this client (the pre-purchase inspection) to the person that couldn't get to a completed transaction within a reasonable period of time and move on. Quote
John Pleisse Posted July 18, 2011 Report Posted July 18, 2011 Quote: jelswick This is getting insane. If you keep moving in the way of the transaction, the person selling you something owes you follow-up. To instruct to spend money and then not complete the sale in a reasonable amount of time (and that isn't months!) means you've given up the right to get that back in your deposit. Most contracts I've seen would award the full deposit to Jimmie based on time taken, but the honorable thing, the thing Jimmie did was to return what was left of it from transactions instructed by this client (the pre-purchase inspection) to the person that couldn't get to a completed transaction within a reasonable period of time and move on. Quote
RJBrown Posted July 18, 2011 Report Posted July 18, 2011 Quote: DonMuncy I've been keeping count. We now have 2 people saying Jimmy is a lying thief and 27 saying he is a honest, straightforward square shooter. Knowing the general tendency of forum hangers-on to pile on when a bad guy is being criticized, I think that speaks volumes for Jimmy's character. Don Quote
M20F Posted July 18, 2011 Report Posted July 18, 2011 Quote: RJBrown Since AAA and Mr Garrison backed out Mr K received no value for his money. Quote
Barry Posted July 18, 2011 Report Posted July 18, 2011 Thanks guys for reminding me why I got out of sales !! ... Quote
231Pilot Posted July 19, 2011 Report Posted July 19, 2011 Quote: M20F I don't know what agreement Mr. K signed but I dug out my Aircraft Purchase Agreement which clearly states "Closing will be within 5 days of the completion of the inspection" followed by "Deposit is refundable with the exception of the expenses paid by Seller during transaction". As agreed by all "And in the end, after four months of non-closure on the aircraft (nearly two months after the annual was completed) we made the decision to move on". If these facts are disputed then there is some room to argue, but they don't appear disputed. I don't know specifically what if any contract Mr. K signed but would have to think it similar to mine. Why do you feel that after two months of failure to close the contract do you feel Mr. K was wronged? As noted funds less the expenses paid by seller were refunded. Would like to understand your position better as to why you feel AAA was unfair to him. Quote
Jeff_S Posted July 19, 2011 Report Posted July 19, 2011 Holy moly. Can't we all just talk about LOP or something like that? Quote
DaV8or Posted July 19, 2011 Report Posted July 19, 2011 After re-reading this business, it got me wondering these things; Was there a contract at all, or just verbal agreement? Did the contract stipulate a payment timeline, or a point in time when failure to buy results in voiding the agreement? Why wasn't escrow used? When I bought my plane and also when I was in contract with another, we used purchase agreements. Both clearly stated when full payment was due and how much time I had to make up my mind after inspection. I also used an escrow service in both cases and highly recommend it as my escrow company did both a title and records search for me. If they had used a standard contract and an escrow service, I believe we wouldn't be typing about this now. Quote
RJBrown Posted July 19, 2011 Report Posted July 19, 2011 Quote: DaV8or After re-reading this business, it got me wondering these things; Was there a contract at all, or just verbal agreement? Did the contract stipulate a payment timeline, or a point in time when failure to buy results in voiding the agreement? Why wasn't escrow used? When I bought my plane and also when I was in contract with another, we used purchase agreements. Both clearly stated when full payment was due and how much time I had to make up my mind after inspection. I also used an escrow service in both cases and highly recommend it as my escrow company did both a title and records search for me. If they had used a standard contract and an escrow service, I believe we wouldn't be typing about this now. Quote
FlyDave Posted July 19, 2011 Report Posted July 19, 2011 Quote: Jeff_S Holy moly. Can't we all just talk about LOP or something like that? Quote
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