Legal Advice
Legal Advice
So here goes. I bought a Turbo from a private party and he allowed me to do payments on 10% of the vehicles selling price and the rest I gave him cash. We had the agreement drawn up and notarized and we both signed on it. I have copies of the cashiers check I had made
out to him for the 90% down payment and the rest is to be
paid off within 6months. I had a PPI done which he also agreed on and I have emails from him to prove that. I had a PPI done and there are about $2400 in parts and labor that needed to be done to the car. Now it needed a new alternator and battery which I have already replaced
as the car died on my first day of having it. So I have asked for
him to pay for atleast the alternator and battery and the rest I can cover. He refuses to pay and now is saying that he is going to call the cops and say his car has been stolen and they will take it from me and I will lose my 90% down. He can't do that when we have a singed and notarized agreement can he? Any advice would help. Thanks guys.
out to him for the 90% down payment and the rest is to be
paid off within 6months. I had a PPI done which he also agreed on and I have emails from him to prove that. I had a PPI done and there are about $2400 in parts and labor that needed to be done to the car. Now it needed a new alternator and battery which I have already replaced
as the car died on my first day of having it. So I have asked for
him to pay for atleast the alternator and battery and the rest I can cover. He refuses to pay and now is saying that he is going to call the cops and say his car has been stolen and they will take it from me and I will lose my 90% down. He can't do that when we have a singed and notarized agreement can he? Any advice would help. Thanks guys.
Last edited by uurfantasy; Sep 8, 2009 at 10:44 AM.
Sounds like a civil dispute to me if he wants to pursue anything. If he calls cops and says his car was stolen, that is a crime by itself, called Filing a False Police Report.
Hold on to all your paperwork and emails. This is a contract dispute/small claims matter, not a criminal case, in my opinion.
Hold on to all your paperwork and emails. This is a contract dispute/small claims matter, not a criminal case, in my opinion.
Was the title switched to your name ?
When you gave him cash, was there any record of the transaction?
And also why did the battery and alternator need to be replaced? I passed 43,000 miles on mine and the car is running smooth as the first day I got it, doesnt make sense.
When you gave him cash, was there any record of the transaction?
And also why did the battery and alternator need to be replaced? I passed 43,000 miles on mine and the car is running smooth as the first day I got it, doesnt make sense.
Copy
I have the receipt of the cashiers check when I paid him the 90% down and it was done at my bank so I am sure they have servaillence footage of it happening. He drove the car 1500 miles in the last 4 yrs so I am assuming that's why it went bad, I am not too sure.
Last edited by uurfantasy; Sep 8, 2009 at 11:40 AM.
If the guy threatened to call the cops when you simply asked for him to cover the $2,400 expense, I'd say, you're likely dealing with a very unstable, unpredictable person.
This is not legal advice, but my thought is to do whatever is necessary to complete the ownership transaction for the remaining 10%, and make sure the car is titled to you ASAP. Just let the $2,400 go, as if this other party still holds title to the car, he can make more trouble than $2,400 is worth.
This is not legal advice, but my thought is to do whatever is necessary to complete the ownership transaction for the remaining 10%, and make sure the car is titled to you ASAP. Just let the $2,400 go, as if this other party still holds title to the car, he can make more trouble than $2,400 is worth.
Best of luck to you. It's no fun when a deal goes sour.
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Does your written agreement clearly state that the seller is financially responsible for any/all repair work identified during the inspection process? If not, used cars are typically considered “as-is” transactions.
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Personally, I would immediately find a source of cash to cover the remaining balance that you owe to the seller and pay the person in full. Then, if you have a written agreement clearly stating the seller’s financial responsibility for the repairs, you can pursue the matter separately. For $2400, this may be more trouble than it is worth. You can try small claims court, but once again only if you have a written agreement stating he will pay for any/all repairs.
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Personally, I would immediately find a source of cash to cover the remaining balance that you owe to the seller and pay the person in full. Then, if you have a written agreement clearly stating the seller’s financial responsibility for the repairs, you can pursue the matter separately. For $2400, this may be more trouble than it is worth. You can try small claims court, but once again only if you have a written agreement stating he will pay for any/all repairs.
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It's a civil issue. You have no problem of any legal reprocussions from law enforcement if all the documentation is available. He's trying to scare you into something he can't pursue. Tell him you'll sue him for pain and suffering.
It is definitely a civil issue. While the $2,400 may be a small claims issue, if you havent received title yet (until you payoff the remaining 10%) then you may have a bigger issue beyond small claims. Its not a criminal matter at all.
Like other have stated, unless your agreement has a provision that guarantees the vehicle or unless there was some misrepresentation, buying a used car is "as is".
Payoff the balance and be done with the A-hole, and enjoy the Turbo.
Like other have stated, unless your agreement has a provision that guarantees the vehicle or unless there was some misrepresentation, buying a used car is "as is".
Payoff the balance and be done with the A-hole, and enjoy the Turbo.
As others have stated, the $2,400 is small compared to what your legal bills will be. If you have title, get the car up to snuff and get out there and enjoy it. If not, hire a lawyer cuz it sounds like you are in for a rough ride.
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