I am been sued

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#839978 20-Jun-2013 06:21

BaaaaD: So i am stuck and have to sell the plate on to him.

What you HAVE to do is seek legal advice, even if it's just initially free advice from the Citizens Advice Bureau.

As pointed out also posting on here (and another forum as you have done) is potentially just digging your hole even deeper.

wellygary

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#840029 20-Jun-2013 08:43

tardtasticx:
BaaaaD: So i am stuck and have to sell the plate on to him.

See a lawyer and get their proper advice.

This,

You say you have a potential contract for 5 figures you want to get out of and you are seeking advice from a tech forum!!!

Go and get a lawyer, they do not bite and are not *that* expensive,

pctek

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#840061 20-Jun-2013 09:16

We txted each other and i did txt back saying I am happy with the number plate for $xx plus one of his number plates. He txted back saying email me with your bank details and so i can send you a sale and purchase agreement.

He txt back saying if i don't get this matter concluded he will take legal action and said if forced to, i will sue you for specific performance to ensure you comply with the terms of the agreement and that will be costly for me.

he sends YOU the purchase agreement??!! Should be the other way around.

If you didn't sign it, tell him to get lost.

If you did sign it, then you have to go ahead if the terms state that.

Klipspringer

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#840072 20-Jun-2013 09:24

BaaaaD: Thanks for the quick replies.

We are talking about $XX'XXX's here.

Just a simple e-mail saying: I have come to a conclusion that i do not want to process ahead in selling the number plate to you. It has sentiment value to me and my family.

Is this that famous Maori plate?

kiwitrc

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#840084 20-Jun-2013 09:39

Its some letters on a piece of f$#ing aluminium, take the five figures on offer and buy yourself something useful.

Jaxson

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#840097 20-Jun-2013 09:56

Wow, I read the first page and then jumped to the last page and the advice is still the same.

If you have legal issues, who you gonna call?

Mate, I'd speak to a lawyer. (And fix the thread title to I am being sued, or I have been sued, tense is important).

There's much going on here and only a lawyer will be versed in the specific current ins and outs of it. For example, why bother drafting up a sale and purchase agreement to be signed if a txt message is solid enough to mount and win a legal case?

As mentioned by others before, a license plate is a pretty awesome example of putting emotions ahead of reality. It's a piece of aluminium with some letters pressed into it. I expect you probably see your car as an extension of you also. Unless you were letting it go too low, I expect you'd be doing rather well to hock off an item to a very willing buyer for such dollars. I'm big on customer service too, so thoughts of "should I or should I not sell?" should have been sorted well prior to both advertising and agreeing to an offer, but hey, that's just me.

nickrout

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#840111 20-Jun-2013 10:14

There is an argument that the deal was complete - the principal terms - price and what was being traded - were agreed. An agreement to sell a chattel does not have to be in writing, but there is writing (in the form of SMS messages) to support that.

However the other party wants to introduce extra terms - a written agreement for sale and purchase. So there is also an argument that those extra terms were never agreed, and that the earlier discussions were in principle, and were subject to reaching agreement on the written terms. If you don't agree to the written terms, then there is no binding contract.

That is certainly the way I would argue it if you would actually instruct a lawyer. I am one, but this is not legal advice, and (I say this with some irony) there is no contract of retainer between the OP and me.

But depending on the final price (which you haven't been forthcoming on) it may be a matter for the Disputes Tribunal or the District Court.

Tradepub

Free professional, reference and technical white papers (affiliate link).

keriboi

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#840151 20-Jun-2013 11:12

I feel for the guy(buyer). Baaaad is in the wrong. Seek advice at a lawyer. I dont think he is bluffing. People dont sell ducatis and bluff

DoggNZ

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#840221 20-Jun-2013 12:24

The OP should be sued for his or her dismal usage of the English language.

Jaxson

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#840242 20-Jun-2013 12:53

nickrout: this is not legal advice, and (I say this with some irony) there is no contract of retainer between the OP and me.

Nice one

freitasm

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#840255 20-Jun-2013 13:13

I have removed the "Answers" to this topic. There's no way for us to authenticate the poster as a lawyer so no reply can be set as "Answer" in this case.

Dairyxox

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#840277 20-Jun-2013 14:01

You wern't drunk when you sent those messages were you? Because that could be an 'out'.
Because you cant enter a contract unless you are sober etc..

Dratsab

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#840302 20-Jun-2013 14:38

DoggNZ: The OP should be sued for his or her dismal usage of the English language.

Maybe English isn't their first language?

mattwnz

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#840340 20-Jun-2013 15:12

Dairyxox: You wern't drunk when you sent those messages were you? Because that could be an 'out'.
Because you cant enter a contract unless you are sober etc..

Really, where did you hear that? I would think they would have to prove they were drunk, which would probably require affidavits from other parties.

idle

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#840370 20-Jun-2013 15:35

The OP should grow up. This is the real world where people can suffer.

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