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Selling Advice (was Selling 164 horror story)



I sold a 71 MG Midget last year to a law enforcement person.  He looked at
the car over the course of a week or two and took a couple test drives.  I
offered buyer's guides for him to use while inspecting the car.  I
encouraged him to take the car to a mechanic for an independent evaluation.
I even offered to help with any issues that may come up after he's bought
the car.  He was quite happy with the car, as was his wife and young
children.  A bill of sale was drawn up for the seller, and he gave me a bank
check and drove home.  Everyone was happy.

He called me back after 2 days saying he was returning the car.  He said he
couldn't fit in the car with his gun belt, and it popped out of second gear.
He sited his legal right to return the car within 72 hours.  I felt I had
represented the car fairly and gave him every opportunity to discover any
faults, but was not going to take the car back.  I even offered to fix the
transmission after he complained, though there was nothing I could do about
his cop accoutrements not fitting in the car.  He wasn't hearing any of it,
so I had to go on the defensive and study the law.  The Colorado State
webpage on motor vehicle sales has in big bold letters that there is not a
72 hour window for the buyer to change his/her mind.  As the adage says,
"buyer beware".  

Personally, I think he just had cold feet after the purchase or felt he
couldn't afford it after all.  The car had popped out of second for years
and I can't see how it healed during his test drives.  And the car certainly
didn't shrink as he drove it home.  I pointed out that the 72 hour clause is
an urban myth and referenced the state webpage where they could read this
first hand.  To my disbelief, he stopped payment on the check and the funds
were removed from my account by the issuing bank.  

I was going to take him to court until I found a small but important legal
detail.  A signed title is not a legal bill of sale.  Since he had the only
copy of the bill of sale I had no documentation to back my side of the
argument in a court of law (remember the bit about him being a law
enforcement official?).  I could have taken him to court, but if I lost, I
would be stuck with my car and out the court fees.  We struck a deal where I
kept a hundred dollars for the headache (and his complete disregard for the
law, remember the bit about him being a law enforcement official?).  With my
tail between my legs, he dropped the car and spare parts off, where it still
sits in my driveway.

The morals of the story?  

1)  Selling an MG Midget is like trying to give away venereal disease.
2)  Keep a bill of sale for yourself.
3)  Take cash or certified check only that cannot be removed from your
account.
4)  There is no 72 hour backout period.

Cheers,
Lawrence
'71 GTV
'71 MG Midget (for sale, best offer!)

Lawrence Gowin
Level (3) Communications
lawrence.gowin@domain.elided
Office:	(720) 888-1234

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