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  • FS, again.......WBSAK0308J2195550

    My car is for sale....... again, I had a deal with a guy, received a decent deposit and was waiting for the rest, his finances eventually fell through. While waiting for him I put off two other guys who have, of course, bought other cars in the interim.
    88 Lachs/Blk, TOTAL rebuild, garage/show queen, 2.3 from VSR, every conceivable piece is better than new,BBS RS, Hella Smokes,VSR/Stromung, Bilstein H&R, EVO II/III exterior/interior treatments. One of a kind, multiple show winner, nearly flawless except small crack over glove box. Everything works, driven 4 times this summer.
    197K miles, >3K since completion. Runs/drives better than new.
    $26K (I'm subtracting the deposit I already received)
    Mario will vouch for the quality of the build, www.vsr1.com
    If the dash is an issue we can arrange to have it done before delivery.
    SERIOUS inquiries email me at [email protected] and I'll forward a complete description and all the photos you want. Storage and lack-of-practicality issues :(

    Photobucket

    http://s237.photobucket.com/albums/ff122/retrom3er/

  • #2
    absolutely beautiful. wow. where are you located?
    "Hearing the metallic clatter of the valves, the wind, tire and road noise....the endless stream of morse code that comes through the seat bottom and steering wheel. It's amazing."--:OMG:S14addict:OMG:

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    • #3
      Northern, NH....hence the "driven 4 times this year"

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      • #4
        Sam, I'm really sorry about not being able to purchase the car and waisting your time. Best of luck with the sale, it truly was one of the most beautiful car's i've ever seen.
        I'm new to S14.net
        I'm frequent on bimmerforums.com
        My E36 has 600,000 + Miles.

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        • #5
          I've said it before... and I'll say it again.... this car WILL NOT dissapoint.
          Sam is understating the level of work/attention/detail that went into this car.

          Own a car that's graced the pages of Roundel!
          Chris L.

          Spray paint and tire shine doesn't equate to a "restoration!"

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          • #6
            btw thanks for not refunding my $2700 douche bag.

            and also btw, the car was in an accident...check the carfax
            I'm new to S14.net
            I'm frequent on bimmerforums.com
            My E36 has 600,000 + Miles.

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            • #7

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              • #8
                Care to explain why he had your $2700?

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                • #9
                  Originally posted by chutrain View Post
                  Care to explain why he had your $2700?
                  deposit i expect.
                  '91 SpecE30 #523
                  '03 540i/6 M-Sport
                  '00 F-350 Dually
                  BMWCCA #360858 NASA #128290
                  My Track Schedule

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                  • #10
                    Originally posted by Downeaster1 View Post
                    Sam, I'm really sorry about not being able to purchase the car and waisting your time. Best of luck with the sale, it truly was one of the most beautiful car's i've ever seen.
                    Originally posted by Downeaster1 View Post
                    btw thanks for not refunding my $2700 douche bag.

                    and also btw, the car was in an accident...check the carfax
                    :nice!:

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                    • #11
                      Originally posted by Downeaster1 View Post
                      btw thanks for not refunding my $2700 douche bag.

                      and also btw, the car was in an accident...check the carfax
                      WTF ... really.

                      What's the point of a deposit? It seems like the seller was patient on waiting for you to finalize the purchase. Just because you can't finish it, he shouldn't be the bad guy here. You need to know your own situation.

                      No different then someone bidding on an Ebay auction and then can't finalize the sell. At least here, you also felt a little pain.

                      Good for Sam.
                      Ryan M
                      88 E30 M3 Alpineweiss
                      07 F350 Diesel Crew Cab
                      05 Outback XT

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                      • #12
                        Its also very similar to earnest money when buying a house, which is commonly understood to be liquidated damages for breach of a contract. If the buyer walks after signing a purchase contract, then decides to not purchase the item, the seller can do a few things, (a) sue to enforce the contract (called specific performance), (b) sue and collect money damages, (c) keep the earnest money as liquidated damages if the contract allows it, or (d) amend the agreement the agreement in some fashion (i.e. return the money and walk away).

                        In this case, and in most cases where a deposit is placed, it is commonly understood that if the Buyer breaches, then the Seller can keep the money. Two caveats, (a) if the car is not as described AND that is the reason the Buyer walks, (b) the Buyer makes it clear, and the Seller accepts it, that the deposit is refundable.

                        The takeaway is that usually the Buyer can keep the deposit. By placing the deposit, the Seller is committing to the buy the car, the Seller pulls it from the market and a contract is entered into. If a party breaches after this, then the nonbreaching party has a claim for damages.

                        From the facts in the thread, Downeaster1 is incorrect here - let alone over the top - in calling Sam, a real standup guy, a douchebag in a public forum. He should feel lucky that that he only put down $2700.
                        Last edited by Sean; 11-15-2008, 03:58 AM.

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                        • #13
                          ^^^ + 1

                          However, it would be nice for the seller to disclose that the car in fact has a "Salvage Title: Accident reported on 10/09/2003..Warranty Voided" It's nowhere in the op.
                          GLWS

                          Dan
                          Dan

                          12/87 Zinnoberrot
                          3/87 Henna

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                          • #14
                            I agree, if the car isn't "as advertised" or all pertinent information isn't disclosed, then the deposit should be returned. I recently went through a sad deal, where the car "was not as described" in several very important areas! For instance, when the seller said "all VIN tags are present", and I found out that two were missing, and the seller also said only a qtr panel was repainted when in reality the entire car had signs of paint (and paint runs) and repairs over its life....that is indeed a "breach" of a good faith contract and the deposit "should be returned!...at least most of it.

                            The gentlemanly thing to do (where there is nothing in writing), would be to at least settle on a compromise and return of most of the deposit...at least 50%, IMHO.

                            It's a shame that things can't be handled in a gentlemanly fashion, but unfortunately some people "on either side - "buyer or seller" can screw a deal up really badly...sometimes unintentionally, sometimes on purpose.

                            I'm not saying either party here is at fault, although I would definitely "not" bash anyone on a public forum....also, if the car has a salvage title, which this car appears to have (I ran the carfax). this should have been disclosed.

                            I have a close to 100-point tii that I completely restored to better than new most likely which has a salvage title, and if I were to sell it, I would most certainly let all potential buyers know about the title. Personally, I think if it's the right car, and it's obviously a well restored example, having a salvage title wouldn't bother me that much.

                            Every case is different, and I realize there are two sides to every "deal", so I think in this case the two parties should work things out "in private"...but since it's on the board, I thought I'd throw in my thoughts...hope you don't mind.

                            I know one thing, in my case - and I am still searching for a car by the way, I will be "very careful" before I send anyone a deposit again before I see the car. I'd recommed this to everyone. I'm out alot of time & money and it doesn't feel very good! Aside from the emotional let-down it hurts in the pocket book - and that usually gets everyone's attention!

                            John
                            Last edited by 02fanatic; 11-15-2008, 06:58 AM.

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                            • #15
                              I have no vested interest here, but since we have people weighing in without the facts, let me offer this. I almost bought this car. Sam could not have been more open about the history and documentation of the car, title, etc. For Pete's sake, the entire restoration was covered in Roundel magazine including the bodywork, frame, mechanicals, etc. Hard to imagine that there could have been too many surprises. The deposit is part of a transaction between buyer and seller. You don't know what transpired here and neither do I. One thing is for sure, If someone insulted me on a public forum, they would have a tough time getting any part of their deposit back.

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