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 I need Help and advice ASAP> Horse trailer related

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morningstaracres

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PostSubject: I need Help and advice ASAP> Horse trailer related   Fri May 15, 2009 11:13 am

I started shopping for a horse trailer and have visited a few of them.

I finalised my search with a woman to whom I gave a $5K down payment on her trailer and signed a sale contract with a final pmt date of 15/6 .

The contract stated that final $1500 pmt was to be given on or before 01/6-15/6 of which a written receipt to save on provincial taxed was to be made for $3K but orginal contract we signed states SOLD for 65.00 with a deposit of $5K given to date. We both agreed and signed this contract.

Now the gray area I am not sure of.

This woman is looking to purcahse a trailer through a dealer who wants to use my soon to be trailer as a trade in and have transfer to from her name to the dealer name .

She sent me an email advising now that the trailer is in her company name yet our sale contract indicates her personal name and I don't recall the trailer being in a business name.

Being that I have a fair deposit on her trailer of $5K is she allowed to use it as a transfer for another purchase without my signing any documents.

Should I request my deposit back or should I allow her to transfer the trailer to the dealer name?

She advised me that the trailer remains on her property and that the final bill of sale between us will be in her name?

Is it just me or is there something I am not seing here?

I emailed her back stating I want something in writting so that I can take it to my lawyer to make sure there is nothing illegal or wrong doing where my $$$ is at risk.

I hate to loose this fabulous trailer but there are others that in the meantime I have been looking at for cheaper and better.

Any advice would be recommended.

FYI the only reason I did not buy out comepletely as she needed the trailer for the month of May for her daughter's horse shows and our sales agreement indicates that in the event she totals the trailer my $5000 is returned to me + interest
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SexyDexy

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PostSubject: Re: I need Help and advice ASAP> Horse trailer related   Fri May 15, 2009 11:27 am

Quote :
Being that I have a fair deposit on her trailer of $5K is she allowed to use it as a transfer for another purchase without my signing any documents.

If I'm reading this correctly, she is planning on using this trailer as a trade in on a new one after already accepting a sale to you (and deposit of 5K). That's like selling it twice. Once it's in the dealers name he has no legal obligation to give it to you for the remainder of the balance owed ($1500). And why would he since he's accepted it as a partial trade towards the new one. That sounds really messed up to me but maybe I'm not reading it right.

I'd ask for the deposit back and look at the better and cheaper ones you mentioned.
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morningstaracres

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PostSubject: SD   Fri May 15, 2009 11:33 am

so far you are teh second person to say get my deposit back and RUN.

I found out that her husband is the legal owner and we signed the agreement.

I really love the trailer......Never thought this would happen.

She emailed me as if she wants to keep our agreement .....She states that she was using it to save taxes on the new one and trying to remove it from her inventory as the trailer is a purchase by the business that her husband is part owner of...

I think I may have to ask for a certified cheque today and cancel our agreement.

:( :(
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morningstaracres

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PostSubject: update   Fri May 15, 2009 12:04 pm

I have emailed her advising that I have a cancellation agreement for us to sign and am requesting a certified cheque for today as I am no longer interested in the trasnaction and this way she can get full accees to trading the trailer.
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Just My Style

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PostSubject: Re: I need Help and advice ASAP> Horse trailer related   Fri May 15, 2009 12:49 pm

From what I can gather from your original post, this sounds like what is called a "paper trade" in the auto sales industry which is done all the time. Essentially, when a person sells a unit privately, the dealer from whom they are buying a new unit shows the old unit as a trade-in in order to decrease the amount of sales tax charged on the new unit. Check with any car/truck/trailer dealer on this if you are not comfortable, however, you have already asked for your deposit back....hope you find a trailer to suit your needs.
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morningstaracres

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PostSubject: trailer   Fri May 15, 2009 1:23 pm

I think that is what she wanted to do,

Our agreement is reamining as is.
She will not use my trailer as a trade in as I am not approving and not agreeing to it.

I am having to pay sales tax at my end also....issue resolved.
thanks for veryones help
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just joan
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PostSubject: Re: I need Help and advice ASAP> Horse trailer related   Sun May 17, 2009 8:26 am

you have been burned on other things before......this is a lot more money.......make bloody sure this time........the trailer is indeed lovely........but for gods sake have someone check the VIN and see just whos name it is listed under...maybe she does not have legal authority to sell it...........is this a divorce thing..........they can be really ugly and its always the third party that gets stuck..........just be careful kiddol

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just joan
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PostSubject: Re: I need Help and advice ASAP> Horse trailer related   Sun May 17, 2009 8:28 am

I reread your posts........you say, she says her husband is the legal owner........where is he and where is HIS signature..........is she stealing it from him????? Paprika.......take care.

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morningstaracres

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PostSubject: trailer   Sun May 17, 2009 10:31 am

Joan it is not a divorce thing....Her husband is out of town but certainly was present at the time of viewing.

I have all her emails stating that she will respect our agreement as the trailer is hers and her hubby just signed teh registration as he made teh purchase but he is not a horse person by no means....

Anyways our agreement finishes 15 june on my birthday so we should have it sorted by then...
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