Tough decision to make - BMW Luxury Touring Community
 
LinkBack Thread Tools Display Modes
post #1 of 14 Old Jan 9th, 2007, 5:55 pm Thread Starter
Senior Member
 
Join Date: Jul 2006
Location: In the country, MT,
Posts: 165
Tough decision to make

A little while back, I showed the LT to a fella that never saw one. He asked if I'd sell it to him and I said yes..for 12k.. he left me a message and I think I know what it's about. I haven't retuned his call yet, cuz I don't really want to sell the LT. I told him I would tho.. damn, I was planning on going on a few rides with her this summer, including the CCR..hmm and Fed EX is trying to deliver the 2620 I picked up for her..

Hbar/Don
03LT
Handlebar is offline  
Sponsored Links
Advertisement
 
post #2 of 14 Old Jan 9th, 2007, 6:05 pm
Senior Member
 
JPSpen's Avatar
 
Join Date: Jul 2005
Location: Jones, OK, USA
Posts: 3,525
There's lots of others

Either sell him yours and put that Garmin on a newer one.. Or don't sell it..

Tell him you've changed your mind....Then help him find one of his own..

But it might be a good chance to "upgrade"..


John

Live and direct from the new earthquake capitol of the U.S. Jones, Oklahoma
08 Can-Am Spyder (Miss Lindy's)
03 R1200CLC Capri Blue "Flipper"
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

01 R1100RT Glacier Blue "Lucky"
91 R100GS "It'sNotAMoneyPit"
The voices in my head may not be real, But they have some good ideas!


"I like the wind in my face and Boobies on my back. No, Wait, I got that backwards"

To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
JPSpen is offline  
post #3 of 14 Old Jan 9th, 2007, 6:40 pm
Lifetime Supporter
 
zippy_gg's Avatar
 
Join Date: Jun 2004
Location: Kennesaw, GA, USA
Posts: 8,136
Lightbulb

On one hand nobody can force you to sell your bike.
On the other hand 12K for an 03 in Winter is a good deal than can have you sit on a newer LT (or other bike) if you want to. And you may get that new(er) bike for a steal since it is not a seller's market.
I feel your pain Brother...!

Gilles & Kathy
BMWMOA# 154719
IBA# 71594
2011 Ostra Gray RT
06 Mercedes-Benz E350 Estate (parts and people hauler)
2012 BMW X3 (parts and people hauler)
86 Porsche 911 Cabriolet (my "new" baby)



For her I climbed the highest mountain!
For her I swam across the deepest ocean!
For her I walked through the largest desert!
And then she left me... She said I was never home!!!


To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
zippy_gg is offline  
 
post #4 of 14 Old Jan 9th, 2007, 11:57 pm
 
Join Date: Feb 2004
Posts: 4,905
Thumbs up

Buy LOW and sell HIGH! You've got the selling high part done...now take the 12K and have a good time picking out that new(er) LT for 2007! Woohoo!!!
messenger13 is offline  
post #5 of 14 Old Jan 9th, 2007, 11:59 pm
Senior Member
 
DavidTaylor's Avatar
 
Join Date: Apr 2002
Location: San Jose, CA, USA
Posts: 7,565
So far you haven't committed to a contract and no funds have changed hands, so you don't have to do anything you don't want to. But there is some reason you said you would sell it to him for 12K, so what was that? If you answer that question (mainly for you, but I would be interested as well) you'll know whether to sell it or not.

David Taylor
San Jose, CA
2010 R1200RT Polar Metallic
AMA, BMWMOA
Booze Brother #4

The shortest distance between two points is for people who don't ride!



To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
DavidTaylor is offline  
post #6 of 14 Old Jan 10th, 2007, 7:03 am
Senior Member
 
UncleRock's Avatar
 
Join Date: Apr 2006
Location: New Alexandria, PA, USA
Posts: 1,633
Quote:
Originally Posted by Handlebar
A little while back, I showed the LT to a fella that never saw one. He asked if I'd sell it to him and I said yes..for 12k.. he left me a message and I think I know what it's about. I haven't retuned his call yet, cuz I don't really want to sell the LT. I told him I would tho.. damn, I was planning on going on a few rides with her this summer, including the CCR..hmm and Fed EX is trying to deliver the 2620 I picked up for her..

Hbar/Don
03LT
So what are you saying? That your word is worth squat?
Rock
UncleRock is offline  
post #7 of 14 Old Jan 10th, 2007, 11:26 am
Senior Member
 
midwilshire's Avatar
 
Join Date: Feb 2006
Location: , ,
Posts: 364
What a way to start the day.

Quote:
Originally Posted by Handlebar
He asked if I'd sell it to him and I said yes..for 12k.. he left me a message and I think I know what it's about. I haven't retuned his call yet, cuz I don't really want to sell the LT. I told him I would tho..
Do you write bar exam questions in your free time, coz this looks just like one. Lemme give it a watered-down analysis - just for kicks.

If you wanna be technical about it, you probably made an offer to sell your bike, and as soon as he expresses his acceptance of it, you have a contract. So you would want to revoke that offer before he has a chance to tell you he accepts. Just call him and say, "hi this is handlebar and I cannot sell my bike how are you this morning."

Because you're selling goods - a bike - for more than $500, the contract is only enforceable if in written form. That is, unless you admit to it (like in an online forum).

In any event, since the 12k selling price is at or above fair market, the buyer is not getting any special deal and wouldn't be damaged by your change of heart anyway, so there's little real concern about whether there's a contract or not.

I guess it comes down to Rock's interrogatory above.

p.s., the standard language applies: my babbling here isn't legal advice and nobody should rely on it for any reason apart from mild amusement.
midwilshire is offline  
post #8 of 14 Old Jan 10th, 2007, 11:17 pm Thread Starter
Senior Member
 
Join Date: Jul 2006
Location: In the country, MT,
Posts: 165
The fella I showed the bike to is a friend i've known for 17 years. i haven't connected with him yet and am not sure if he was calling about the bike or about my uncle who passed away on Monday. He and my uncle live/lived in the town I grew up in. If it was about the bike, I'll sell it to him if he wants it.
He hasn't ridden for a few years and wants to share the passion again. You should have seen him when he was checking the LT out. The LT is indeed a great bike.

Rock..My word is good

Mid..You're right on the verbal contract...lol

Don

Oh, the funeral is Friday
Handlebar is offline  
post #9 of 14 Old Jan 11th, 2007, 10:17 am
Senior Member
 
Join Date: Aug 2006
Location: Bergen County, NJ, USA
Posts: 715
Some thoughts...

There is no "contract".

You (and he) have a right to change your mind.

If anyone were to somehow legally force you to sell the bike, you never settled on a delivery date, just say you were talking about selling it after the next riding season, sorry he misunderstood you.

You could always say "Yes, I'll sell it to you as we agreed, but there's this strange vibration that has been bothering me for a week or so that suddenly popped up...." _He'll_ quit the deal.

In most states, even with a written, signed contract you have 3 days to change your mind. Some places that time is up and until the time you take the keys. Still other states may state up until you drive the vehicle off the premises.

2010 Honda NT700V
1978 Honda CB400T II

Formerly
2011 R1200 RT
'04 R1150 RT-P
'04 R1200CLC
'06 Triumph Scrambler
'02 K1200LT
'01 R1200C Montana
'00 H-D Dyna Defender

" Twas a woman that drove me to drink and I didn't even have the decency to thank her! " - W.C. Fields
George_S is offline  
post #10 of 14 Old Jan 11th, 2007, 10:45 am
Senior Member
 
UncleRock's Avatar
 
Join Date: Apr 2006
Location: New Alexandria, PA, USA
Posts: 1,633
Quote:
Originally Posted by George_S
Some thoughts...

There is no "contract".

You (and he) have a right to change your mind.

If anyone were to somehow legally force you to sell the bike, you never settled on a delivery date, just say you were talking about selling it after the next riding season, sorry he misunderstood you.

You could always say "Yes, I'll sell it to you as we agreed, but there's this strange vibration that has been bothering me for a week or so that suddenly popped up...." _He'll_ quit the deal.

In most states, even with a written, signed contract you have 3 days to change your mind. Some places that time is up and until the time you take the keys. Still other states may state up until you drive the vehicle off the premises.
All those things would make him a liar, bullshiter, chizzler, scumbag puke whos word ain't worth shit. (notice I refrained from calling him a lawyer, )
However he rightly LIKE A MAN said he would stand by his word.
Rock
UncleRock is offline  
post #11 of 14 Old Jan 11th, 2007, 5:48 pm
Senior Member
 
Nebish's Avatar
 
Join Date: Nov 2006
Location: Toronto, Ontario, Canada
Posts: 257
Under contract law, there must be "consideration" passing between the buyer and seller. "Consideration" is something of value, usually money, which is why a deposit is necessary to "seal the bargain".

Technically, you and your friend entered into an agreement to make and agreement. Yes, I know, it sounds like lawyer "double talk". Such an arrangement is simply not legally enforceable without consideration.

On the other hand, there is the matter of your word......

Paul M. Feldman

2008 - R1200RT "Cino"
2005 - KLT - "Tipsy" (now "Toasty") RIP
2004 - Suzuki Burgman 650
1978 - GL 1000
1985 - GL 1200 20th Anniversary Edition
1976 - Honda 750A
1973 - Honda CB 360 - "Bone Shaker"
1966 - Suzuki S80 - "Old Smokey"
Nebish is offline  
post #12 of 14 Old Jan 11th, 2007, 5:58 pm
Lifetime Supporter
 
zippy_gg's Avatar
 
Join Date: Jun 2004
Location: Kennesaw, GA, USA
Posts: 8,136
Talking So...

what did you end up doing???
Of course there is always the sales tax issue when you buy a vehicle...
If you pass I can sell my 03 to your friend!

Gilles & Kathy
BMWMOA# 154719
IBA# 71594
2011 Ostra Gray RT
06 Mercedes-Benz E350 Estate (parts and people hauler)
2012 BMW X3 (parts and people hauler)
86 Porsche 911 Cabriolet (my "new" baby)



For her I climbed the highest mountain!
For her I swam across the deepest ocean!
For her I walked through the largest desert!
And then she left me... She said I was never home!!!


To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
zippy_gg is offline  
post #13 of 14 Old Jan 12th, 2007, 2:25 am
Senior Member
 
midwilshire's Avatar
 
Join Date: Feb 2006
Location: , ,
Posts: 364
Just so we don't steer anyone wrong in the States...

Quote:
Originally Posted by Nebish
Under contract law, there must be "consideration" passing between the buyer and seller. "Consideration" is something of value, usually money, which is why a deposit is necessary to "seal the bargain."
Quote:
... Such an arrangement is simply not legally enforceable without consideration. (emphasis added)
We need to clarify that the mere promise to pay satisfies the consideration requirement, even if no payment is immediately made. No deposit is necessary to form a legally binding contract.

Handlebar's promise to sell the bike is sufficient consideration, and Handlebar's friend's promise to pay for the bike is also sufficient consideration.

This is the law in all 50 United States.

It also appears to be the law in your own jurisdiction. The former Ontario High Court recognized that

[t]he most characteristic rule in our law of consideration, and the most important for the business of life, is that mutual promises are sufficient consideration for one another.
Gilbert v. Barron (1958), 13 D.L.R. (2d) 262 at 265. See also Revised Statutes of Ontario, 1990. Chapter S.1, §§ 1 ["contract of sale"], 4, 26, 28(2), 47.

Last edited by midwilshire; Jan 12th, 2007 at 4:05 am. Reason: insomnia
midwilshire is offline  
post #14 of 14 Old Jan 12th, 2007, 12:08 pm
IBR# 366
 
meese's Avatar
 
Join Date: Apr 2002
Location: West Linn, OR
Posts: 16,480
Garage
Quote:
Originally Posted by midwilshire
Last edited by midwilshire : Today at 2:05 am. Reason: insomnia
Yep, I understand.

Ken
Pacific NorthWet
'13 Dark Graphite Metallic K16GTLD, 24K miles
'09 Magnesium Beige Metallic K13GT, 63K miles
'03 Anthracite Metallic K12LTC, 66K miles
'02 Mauve Metallic K12LTC, 106K miles and sold
BMWLT#143, IBA# 366, MOA# 111996, SCMA# 24032


To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.


Some people see the gas tank as half empty. Some see it as half full. All I care is that I know where the next tankful is coming from...
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
meese is offline  
Reply

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the BMW Luxury Touring Community forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in











Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page
Display Modes
Linear Mode Linear Mode



Similar Threads
Thread Thread Starter Forum Replies Last Post
new textiles will make great riding gear tmgs Bike Talk 9 Nov 24th, 2007 9:57 am
Make your own motivational poster RVB1019 Chit Chat 5 Dec 30th, 2006 1:02 pm
Rode the RT - Tough Decision garyj RT Series 33 Dec 23rd, 2006 8:59 pm
"Autopark"/Droppers Anon. Pins--Let's make one! petevandyke K1200LT 47 Sep 22nd, 2006 4:23 am
How to make a woman happy mconlogue Humor 1 Apr 3rd, 2006 6:36 pm

Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On

 
For the best viewing experience please update your browser to Google Chrome