Help with semi dispute over wheels
 

Ok so I have a for sale thread where I am parting out my car and rider384 messaged me about getting my wheels which we agreed that he would send a down payment of $75 and finish paying this or next week which I had no problem with. The delima comes about when a good friend calls me today about my wheels also and he is the one that's getting the tires from me. He's in a situation where he just messed up 2 of his wheels pretty bad and wants them. I know Rider has a right to them since he asked first and gave a deposit but I'm willing to return the deposit so I can help my friend out but it's not fair to Rider. This guy has really helped me out alot in the past and I feel bad not being able to do anything for him. So Rider came up with starting a thread to see what you guys think of the situation

Here's my side:

I got a set of Yokohama Parada Spec 2s a couple weeks back in 205-40-16. I then began my search for the wheels to mount them on. After going through many threads over at CR and over here, I decided on a set of xxr 002s or xxr 513s. After another week of thinking, I ruled out the 513s, the spokes just don't work well with a Miata.

Anyways, I've been tracking some on ebay for a while, all in the 400+ region. I've been browsing through the clasifieds at CR.net, but they all want 600 bucks for their 400 dollar wheels because they're retarded.

I came across his for sale thread with the wheels listed and got very excited to see them for 250 plus shipping (We later agreed on 330 shipped). I didn't have all the money together so I sent a 75 dollar down payment and promised to have the rest of the money by the first of September.

A day or two later I get a message from him saying that his friend needs them and he'd refund my deposit. I say that I have been holding out for a long time and I really want these wheels. I didn't want to push too much or be too much of an ass, so I suggested that we start this thread to see what MT.net says.

To recap:
-I put 75 dollar downpayment on them.
-He says his friend needs them, and he'll refund my deposit
-It becomes apparent that both sides really want their solution.
-Thread suggested to work it out

If your integrity is only worth $75 bucks, then sell the wheels to your friend. I think you'll be sending your integrity with that $75 refund
.

It amazes me that we've gotten to a point where a verbal agreement doesn't mean anything. I think the appropriate thing to do is honor the original agreement. I have sold items for less than I could have received because I accepted an offer and refused to sell to a higher offer that came in later.

PS Feel free to chime in on my dispute in the 1337

Did you mean the first of September instead of August?

Yeah, thanks for pointing that out.

your accepting the deposit is essentially a contractual agreement of the sale and it is binding unless BOTH parties agree otherwise.

in short: rider gets to decide who buys the wheels.

Rider deserves them, tell your buddy to look for a set of stock wheels for the time being.

Moral dillemma,
But if rider sent the $75 deposit for the purpose of ensuring that you hold the wheels for him, then it becomes entirely rider's decision on whether or not to purchase the wheels. In theory, if Rider doesn't come up with the remainder of the money by the end of the agreed timeframe (First of September) Then Johnmatt becomes entitled to do whatever he wants with the wheels, and rider forfeits his $75 deposit (In reality, a verbal agreement not carried out by one of the parties often results in a return of depost, but for legal purposes the deposit is forfeitable.) Payment and receipt of the deposit is, in a case like this, a legal obligation to hold the goods as agreed.

So, legally, by accepting the $75, Johmatt is bound to hold the wheels for rider until September 1. And legally, by agreeing to a date of September 1, rider is bound to forfeit the $75 if he doesn't come up with payment in full by that date.

Realistically, you two can do whatever the hell you want. You both know that it's not financially rational for rider to initiate a lawsuit over the matter. I'm just regurgitating what I faintly remember from my business law classes.

Edit: y8s posted the same thing about 20 minutes ago...thats what I get for opening up every new thread in a tab, and slowly going through them all.

Tell your friend you'd like to help him out, but you have an obligation to another person (rider). If he's really a friend, he'll understand. You make an agreement, you stick to it. That is what honesty and integrity is all about.

If you back out, rider has every right to call you a cheat.

Agree with above. I can't really see any other way of looking at it. Tell your friend too late, you'd like to help him out, but he has to wait until september to see if rider comes up with the money.

You should off started a poll. But I have to go with rider on this one, you shouldn't break an agreement

Solomon says: sell them each two wheels.

I'd sell them to Rider and just help your buddy find another set. You can buy individuals on ebay IIRC

Are you referring to your Sportmaxx rims? Friends don't let friends ride on Sportmaxx. Word is bond.

Rider decides. Sorry, but he spoke first and left a deposit. I have had shit i left a deposit on get sold out from under me for the same reason. Your in a shitty spot, but it is riders call.

lesson of the day: never hold parts until someone shows up with full payment.

then it is done and you never have dillemas. it surprises me how many people are willing to hold a part for someone they dont know.

Ha, shlammed is right, I guess it's a lesson we can all learn.

Sorry man, but I'm going to have to hold you to your end of the deal. I'll have the money by this weekend and into paypal a couple of days after that to get you the rest.

there are two scenarios when I sell parts:

high demand: first deposit gets them

lower demand or I'm lazy and slow to deal: no deposit. easiest sale gets them.

I completely agree with djp...

To me a deal can be reneged up until the point payment is made. You agreed to the payment plan situation, and although unfortunate, you have to honor it. I personally would have told rider to contact me when he had all the funds, and then been free to sell to someone else in the meantime.

Even then I still try and honor a negotiated sell, and give the buyer a window of time in which to pay. If not, then I move on.

Like y8s said, accepting the down payment invoked a contract. Your friend is SOL...as long as rider holds up his end of the deal to a "t". If not, then refund the money as a breech of contract and either ask for full payment, or move on and sell to another buyer.

Fuck it. Just send Ryder $90. If buddy is really your friend make him pay that extra $15 or just pay it yourself for Ryders tears.