Awesome! I am just gonna pretend I am Ryan, and drive to both of your houses for some free food and beer. I will just throw my spare LT1 in the back

 

Well, that's quite a friendly and generous offer. I might have to take you up on that one my good man.

WOW, another generous offer which I would be happy to oblige. I guess Q, Scott, and I are gonna have to tear up the town one nite if I come out that way. Glad I have something to look forward to

Thank you for the advice in your previous post Scott. I also didn't think he had real claim to the money either, since there was no contract. Basically, he has $1100 of my money, and I have gotten nothing but headaches from him. From what I thought and you have confirmed, it seems pretty cut and dry.

Thank you again for your remarks and I appreciate all of your kind words. I'm glad there are some genuinely good poeple on this board.

 

See, i think you are wrong...

" Is Trey actually screwing anyone over though? No. He really doesn't even have to refund Ryan ANYTHING, as that's the whole point of a non-refundable deposit. "

Did Trey specifically say it was NON-refundable?
Is 1,100 out of 2,400 seem like more then a "deposit"?
When i bought my BRAND NEW Forged 383 shortblock, you know what my deposit was? 200! Brand New.
1,100 is in my eyes more then just some deposit that he thinks he can get away with. 1,100 is paying for almost half of it, which was overpriced to begin with anyways...

And you know what? Ryan bought his built tranny from him a lil bit ago too, so this was the 2nd deal, that shouldve constitued more of a better relationship....

How can u make him send 1,100, then all of a sudden demand that he pays for it all by "X" time, and then go back on the deal and say that he wont deliver it until its fully paid. I mean, whats the bid deal if u meet up like the deal said and pay the rest then and there? And then hes tellin ryan that he can have 350 back now or 100 the next day,,..

350 frickin dollars? Are YOU serious? And then guess what? he blocks ryan...umm?

 

First off, let me say this will be my ONLY post on this topic unless a moderator or administrator asks me to make another comment.

About one month ago, Ryan and I struck a deal. We negotiated and I offered him free shipping, the water pump and an opti in questionable working order. $2400 as I asked for, free delivery in my new truck, which would be where his money would go to.

Ryan then also asked for a fuel pump and driveshaft for a $100 which I agreed to. He started complaining about the price after we agreed so I took another $100 off the price making it $2300 for everything.

I clearly explained to Ryan that I needed the money ASAP. I told him I needed the deposit - which was non refundable -in the mail the next day. I could not risk a flakey buyer and need at least half. My post in the FS section clearly said that I would not sell anything else (about $7k worth of stuff) without selling the bottom end first. being the only used item, it would be the hardest thing to sell. I did not want to be stuck with a bottom end and no heads/cam/headers ect. Once the bottom end was sold, I began selling the remainder of the parts. I was VERY clear and VERY firm about the time and amount of the Non refundable deposit, and that it would be spent immediatly.

A few days later, Ryan asked if I could deliver the motor sometime in december. I said it wasn't a problem. I NEVER have and NEVER would have agreed to delaying the payment, nor would I drive all the way to chicago without money in my hand.

This should not be news to ryan as I sold him my transmission and we did the same exact thing. I got money, I delivered it.
Please note that ryan complained to me about the transmission deal every day until he got the transmission. He was very excited about it and loved its quality. It is EXACTLY as I described and he was very happy with the deal.

About two weeks later, ryan starts crying and complaing to me that he "didn't realize" his school only billed him half tution. First off, I dont buy this. I dont see how you can neglect to notice half of a tuition bill missing. Second, it is not my responsibility to manage his finances.

We agreed that he could sell the motor to someone else as long as I got my $2400. He was fine with that, and when I explained to him that I could not take responsiblity for his gross financial oversights, he told me that he completely understood.

A few days later, about 1 week, I warned ryan he had a week and a half to get me the balance. I offered him a $450 refund because I needed to know what I was doing to give my work advanced notice. I was assigned to a project that required me to work 6 days a week, 12 hrs a day. I had to make my shedule and request days off in advance. He turned it down sayin he had everything under controll.

After this, I began on the project and had very little free time.
I spoke to several buyers, one with a GSXR, one looking to superchargeit and two other random people VIA aim. It is not my responsibilty to sell this motor to anyone else, however I did what I could in my free time.

With one week remaning, for the last week, I offered Ryan $350. He refused it up until the day the payment was due. He didn't have any money. The prevous day I told him he had 1 hr to accept the $350 or take nothing. He said he needed to check his bank account and didnt know how much he had. I explained that I was unwilling to wait.

Friday came around and when I offered him $100, he meraculiously came up with $1000. I explained that he owed me $1300. He asked me to "work with him" and I explained that I already had and was not willing to negotiate again. He told me to "drive it here, and i will pay you. I dont trust you with my money" and another point. Then he casually came up with another $1300 from "loans" he told me he was unable to get several days ago.

Now I am unwilling to drive to chicago and put myself in this position. Anyone with any common sense will tell you to stick to the original deal. I dont want to get into a fight, waste my time, my money, or get my motor stolen. His parents also wanted to strangle me so I felt unsafe changing the deal. I stuck to original terms. There is no reason for him not to trust me. I have done about $7,000 worth of trading on this forum, never a problem. I hang out with board members regularly. He also has given me a deposit and bought the transmission from me. I knew something fishy was up and played it safe. I was under no obligation to play by his rules.

Out of pure kindness, I offered him two options when the deadline had passed.
A. Accept $100 as a refund and move on.
B. Overnight me a $1300 money order on monday (it was friday) and give me a tracking number on monday. This gives him a full buisness day and the weekend to get the money out if he honestly had it.

He had until noon the next day to email me his responce. He refused to even email me saying he demanded better options.

Feeling bad, the next wednesday or so after hearing his whining and crying about his "ruined life" I offered him $350 and a day or two to decide. He again refused and all he did for the next two days was point the finger at me, threaten to sue and cry demanding $550.

He was angry that I didn't do more to sell the motor again. I explained my busy life and that I would sleep through the day and work 7pm to 7am while also taking classes an hour away twice a week. I did what i could but I dont have time for it any more. He was given every last spec of the motor that I knew and could answer any questions I had.

I could not waste my time any more, Ryan was given my personal phone number and email adress. I encourage you to take legal action if you are unsatisfied with the outcome.

I refuse to take responsibility for your errors. I offered you $450 and you turned it down, and $350 several times for 3 weeks. You understood my point of view up until the deadline, and at that point you got agressive and declared foul play. You called YOURSELF a bad buyer in a thread while we were trying to find a new buyer, but when you needed to take responsibilty for your actions, the game suddenly changed.

I started a thread about this in the loune, and used their opinions. I did not come up with this on my own. There is no reason why I have to pay for your mistakes.

I talked to MANY board members, friends and family members before making this decision.

And to everyone in this post and all the band wagon Trey Haters-

You know full well you are only supporting ryan because you dislike me. If I was at the other end of the table, this thread would be full of "haha, serves the kid right" and "fair is fair, it was a security deposit" posts. You know this, and do not even begin to tell me other wise because its the truth. No one would be supporting me if I lost my security deposit, in fact you would all be supporting ryan for taking my deposit.



Jason:
Last I spoke to you, you told me i could post again but never "unvacationed" me.


As far as the original intent of this thread:
To all you who call me stupid;
can any of you answer the questions I asked?

 

SO, I fail to see your point

 

Trey, Wake up! No one thinks you are "Stupid" It's more like the way you "Conduct" yourself Sometimes you come across as some sort of "Smart A**" and most people these days are tired of it.

Plus you whine a lot, which doesn't help matters much either Read your posts from the other side of the fence and you'll see

Skip

 

You don't want that engine anyways. It's probably going to blow up soon, considering the squirrel who owned it.

I thought that engine had a bunch of oil pump problems when it was new?

There should still be a lot of posts about it in LT1 Tech.

 

After all the Sh it I have heard about TREY, why would anyone in their right mine buy anything from this ****??

 

The way someone "conducts themself" is totally irrelivant in these matters. The fact is.. Trey is an honest guy, and did nothing to deserve being railroaded like he has. Michigan law not only says that a deposite is non refundable, but also says that a seller has no obligation what so ever to even make arrangements to pay back SOME of it. Think of it this way, he didnt buy the motor, and if Trey would have given him back 350.00-450.00. that cash is out of pocket for him. I am not trying to **** anyone off, but that is the truth, so Trey, if you ever find yourself on the East side, dinner and a brew is on me.


Charlie

 

Is their a receipt saying that the deposit is non refundable? If not and if there is no contract then Trey has no claim to the money PERIOD!!! Anyone want to debate this point? I checked up on tort law with one of my professors at WMU this morning and was told this. Someone paying half and then being offered a pittiance for a refund when nothing has been lost is unethical. And don't say that there is a verbal contract either, Trey looses that one too by his own admission. He agreed originally to deliver the engine and backed out of it which is a breech of contract. Trey does not have a leg to stand on. The bottom end never left Trey's posession, and if I were in this situation (I would never be) I would have his *** in court not only paying my money back but my travel expenses and court costs. I could care less if Trey spent the money or not, without a contract or receipt stating differently he will lose.

 

 

Im not trying to get people mad, Im just saying there are a lot of people jumping at someone that they dont even know. Most of you people are talking about things you have no clue about. Thats cool though, if thats the kind of thing your into. Atleast one of you had the piece of mind to ask someone more informed about these matters (your professor) before you said anything. Lets get one thing straight, I am no more involved with this than the other 98% of you people, so I am just voicing my opinion like the rest of you. I dont know the fine points of the law, but my ma IS a cop, and she does HAVE to know this stuff fairly well. Anyways, that dostnt matter. And I am by no means OWNED, if you would like to come here and tell me that to my face than feel free to do so. I have nothing against any of you, I am just merely voicing my humble opinion, and if its not what you guys want to see, than too bad. Atleast I am not jumping on the wagon.

Charlie

 

Since Trey is not a licensed vendor in the state of Michigan he does not enjoy the same privileges that they would. This is why something is financed (essentially what this is and illegal without a license) has a contract. If he were a vendor with a work order or financing, this is what state law says would be the case:

 

I was a certified police officer and Correctional officer in North Carolina, I have sued half a dozen people in small claims court and won 5, I have a degree in Criminal justice (a bit different than tort law in this state, but oh well) and am finishing up my second BA and will be in law school in about a year and a half.

Am I an expert? No, but I did my research as posted above. Trey not being a licensed merchant does not enjoy the protections that this brings, and even if he did, without the required contract (like when an auto dealer says that your deposit is non refundable in clear writing and is notarized by a third party) Treys notion can not be enforced.

 

Since he is a not a vendor he is not afforded the protections that a vendor would have. The magistrate of judge will ask what happened, if the goods were delivered, if there was a written contract between the 2 parties with a notary stamp and signature and then render the judgement to get the money back from Trey. If trey does not appeal or comply then Sheriffs deputies can be sent to seize assets to be put up for sale to satisfy the judgement.
This is exactly how I got a deposit back from a car dealer I sued in 1992.

Should Wheelman have completed the transaction? Probably should have, but he has the right to back out of the transaction since no goods were exchanged and there is no contract stating terms. Trey can not demonstrate that he has lost anything, he still has the shortblock and has lost $0 in advertising.