Heritage Wanted - Can Seller Back out after a deposit is paid?


D11VEJ

GT Owner
Mark IV Lifetime
May 14, 2007
34
Peoria Illinois & London UK
Just had 2nd seller drop out at the last moment, even after accepting a deposit. Either Heritage Owners are smart investors or slightly nuts, they can't decide if they want to sell or not. Can I force them to complete the sale after they accepted a deposit?

If you have a very low mileage Heritage and want a reasonable price, no hassle deal, or know of someone who does, please call me 309-258-9399, willing to travel today to see and complte purchase.

D11VEJ
 

Naples GT

Heritage GT Owner
May 8, 2006
64
Naples, Florida
The tough part is there are only 343 of them for the world...so maybe 300 total in the US.

I have one that would fit your needs but if I sell it then good luck to me to find one to repalce it.

I'm sure for the right money one will come your way but what are you looking to pay?
 

Quickdraw

pit crew chief
Dec 28, 2006
273
The tough part is there are only 343 of them for the world...so maybe 300 total in the US.

300 Heritages for the US? BINGO!!

300 USA
35 Canada
8 Export
 

Spirit

Heritage GT Owner
Mark IV Lifetime
Le Mans 2010 Supporter
I'm sure for the right money one will come your way but......

Correct, supply and demand will dictate the price it will take to get someone to part with one.

As for mine, it would take..........let's see now,....... ?,???,???.??......... on second thought; SORRY, NOT FOR SALE.:wink

I just LOVE this car.

But, every HO does have a price.:eek

Good luck with the search.:cheers
 

B O N Y

MODERATOR & FGT OWNER
Mark IV Lifetime
Sep 5, 2005
12,110
Fresno, Ca.
Was your deposit check cashed? In what state? I would enforce the deal, many states have consumer protection laws.
 

Bobby_P

Active member
Jan 24, 2007
29
Tucson, AZ
Consumer protection laws generally do not protect person-to-person purchases. If the seller is not a merchant you will likely be out of luck.

Also, if the seller is not located in the state in which you reside you would have virtually no luck in filing suit in you state hoping for the court to force the seller to perform.

About the best you could hope for would be a return of the deposit and interest on the deposit for the time seller had possession of the deposit. Likely not worth the trouble.

Good luck.
 

B O N Y

MODERATOR & FGT OWNER
Mark IV Lifetime
Sep 5, 2005
12,110
Fresno, Ca.
Consumer protection laws generally do not protect person-to-person purchases. If the seller is not a merchant you will likely be out of luck.

Also, if the seller is not located in the state in which you reside you would have virtually no luck in filing suit in you state hoping for the court to force the seller to perform.

About the best you could hope for would be a return of the deposit and interest on the deposit for the time seller had possession of the deposit. Likely not worth the trouble.

Good luck.

With all due respect, you are 100% incorrect.
 

Bobby_P

Active member
Jan 24, 2007
29
Tucson, AZ
In no way am I offended by your response, but I sincerely would like to hear how I am incorrect.

Specifically, assuming the seller is out of state (as well as the vehicle) how can an out of state court get jurisdiction over the party & property to provide specific performance?

I suppose the buyer could file suit in the seller's state, but then I doubt specific performance would be granted unless the buyer could make a showing that the vehicle is so unique that monetary damages would not make the buyer whole--nor am I aware of any states that have consumer protection laws that would be controlling over a non-merchant seller.

Don't take this post the wrong way...I am genuinely interested in your response.
 

B O N Y

MODERATOR & FGT OWNER
Mark IV Lifetime
Sep 5, 2005
12,110
Fresno, Ca.
In no way am I offended by your response, but I sincerely would like to hear how I am incorrect.

Specifically, assuming the seller is out of state (as well as the vehicle) how can an out of state court get jurisdiction over the party & property to provide specific performance?

I suppose the buyer could file suit in the seller's state, but then I doubt specific performance would be granted unless the buyer could make a showing that the vehicle is so unique that monetary damages would not make the buyer whole--nor am I aware of any states that have consumer protection laws that would be controlling over a non-merchant seller.

Don't take this post the wrong way...I am genuinely interested in your response.

Sat in a Federal Judge's conference room to enforce my contract. Granted, I am assuming the transaction is with a dealer and not a private party. I have been there done that. Obviously venue was in the sellers state. Question I asked, was what state, since the consumer laws dictate the opportunity to attack for additional damages. Contracts are enforceable.

Now in the case of the FGT where there are virtually no more 'zero mileage' cars left, I would think there are damages to be claimed.
 

snaproll

GT Owner
Dec 3, 2006
215
Naples, FL
Just had 2nd seller drop out at the last moment, even after accepting a deposit. Either Heritage Owners are smart investors or slightly nuts, they can't decide if they want to sell or not. Can I force them to complete the sale after they accepted a deposit?

If you have a very low mileage Heritage and want a reasonable price, no hassle deal, or know of someone who does, please call me 309-258-9399, willing to travel today to see and complte purchase.

D11VEJ

There WAS one for sale in your backyard and you missed it :wink

You certainly will have better luck with another color; black, red, white, yellow, blue, tungsten, or silver either with or without stripes would be my suggestion. Any one of which would be more unique in Peoria :biggrin

Bruce
 

jdoc7

GT Owner #1872
Mark II Lifetime
Jan 7, 2007
404
Central, Illinois
PLEASE! NO MORE REDS! ANYTHING BUT RED!:biggrin :biggrin We do need a yellow, blue, white, black, or Tungsten:thumbsup :thumbsup
 

Waldo

GT Owner
Mark IV Lifetime
Sep 7, 2005
768
Fort Worth, TX
PLEASE! NO MORE REDS! ANYTHING BUT RED!:biggrin :biggrin We do need a yellow, blue, white, black, or Tungsten:thumbsup :thumbsup

Hey, no love for silver?
 

snaproll

GT Owner
Dec 3, 2006
215
Naples, FL
PLEASE! NO MORE REDS! ANYTHING BUT RED!:biggrin :biggrin We do need a yellow, blue, white, black, or Tungsten:thumbsup :thumbsup

Doc, it was a desparate attempt, and apparently to no avail. There's another Heritage on the way back to Ptown now. I tried, but the force was too strong. At least now I can say, "nope, it wasn't me going sideways in the school zone. No sir, that was the OTHER guy with the heritage."
 

closeshave

GT Owner
Mark IV Lifetime
May 13, 2007
80
London/ Peoria Illinois
Doc, it was a desparate attempt, and apparently to no avail. There's another Heritage on the way back to Ptown now. I tried, but the force was too strong. At least now I can say, "nope, it wasn't me going sideways in the school zone. No sir, that was the OTHER guy with the heritage."

LOL!! We could both use the same excuse.....What number are you running, I must make mine the same ...???:thumbsup
 

jdoc7

GT Owner #1872
Mark II Lifetime
Jan 7, 2007
404
Central, Illinois
Congrats on your new Heritage Davey! Hope you got'er home OK yesterday. When I get back into town, We all need to hook up. And for the record...RED IS FASTEST!:biggrin :biggrin :biggrin
 

closeshave

GT Owner
Mark IV Lifetime
May 13, 2007
80
London/ Peoria Illinois
Congrats on your new Heritage Davey! Hope you got'er home OK yesterday. When I get back into town, We all need to hook up. And for the record...RED IS FASTEST!:biggrin :biggrin :biggrin

Thanks buddy, all home safe and well and tucked up in the garage. Thanks again for the help in finding one.

As for red being fastest......one thing to say...1966...I don't think it was a red ford that won....!!
 

jdoc7

GT Owner #1872
Mark II Lifetime
Jan 7, 2007
404
Central, Illinois
Thanks buddy, all home safe and well and tucked up in the garage. Thanks again for the help in finding one.

As for red being fastest......one thing to say...1966...I don't think it was a red ford that won....!!

Great! Glad she's home safe and sound. As for Red being fastest, what color do you think won Lemans in 1967, piloted by Dan Gurney and AJ Foyt? RRRRREEEEEDDDDDD!!!!!:biggrin :biggrin :biggrin
 

closeshave

GT Owner
Mark IV Lifetime
May 13, 2007
80
London/ Peoria Illinois
Great! Glad she's home safe and sound. As for Red being fastest, what color do you think won Lemans in 1967, piloted by Dan Gurney and AJ Foyt? RRRRREEEEEDDDDDD!!!!!:biggrin :biggrin :biggrin

Ahh Dan Gurney....completed the cannonball with Brock Yates...coast to coast in 32 hours...now thats a challange to go for...:thumbsup
 

metalman

GT Owner
Mark II Lifetime
Nov 22, 2006
153
Heritage owners are slightly nuts

Just had 2nd seller drop out at the last moment, even after accepting a deposit. Either Heritage Owners are smart investors or slightly nuts, they can't decide if they want to sell or not. Can I force them to complete the sale after they accepted a deposit?

If you have a very low mileage Heritage and want a reasonable price, no hassle deal, or know of someone who does, please call me 309-258-9399, willing to travel today to see and complte purchase.

D11VEJ

Heritage owners are slightly nuts.
 

Spirit

Heritage GT Owner
Mark IV Lifetime
Le Mans 2010 Supporter
Heritage owners are slightly nuts.

Hey, I resemble that remark.
:slap :banana :banana :slap