Question:

Legal question regarding sale of car?

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We had a car and parts for a honda that needed to be put together. It was hard to find a buyer, as the car is for a specific need. We finally found someone, he agreed to buy all of it for $3k, making payments over a 3 month period. We agreed to give him everything after making $1k in payments. He signed a document we drafted after each payment, reflecting how much was taken off the $3k. He also would not get the title until the debt was paid off. He was trying to make the payments and was honest for the first month and a half. But as the deadline to get it paid up is approaching, he has totally flaked. He hasn't made a payment for over a month, and has given us the run around as to why..."getting a loan"...etc. Now he is no longer answering his phone, we've been trying to contact him for a week. The deadline is July 12th. I have an address for him. If we get no return call what should we do? I'm giving him the benefit of the doubt at this point, but I'm getting nervous.

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5 ANSWERS


  1. >>> I'm giving him the benefit the doubt

    No, there's no doubt.  

    (1) you should not have given a payment plan

    (2) you should NOT give him any more time.

    Good luck...


  2. Well, You still have the title, so you're good there.  You can just give him a refund of what he did pay, but if he won't call you back, don't worry about it too much.  The only thing I'd do is hold on to the cash until you can contact him, but go ahead and feel free to sell the car to someone else.  I'm sure he'll want his money back at some point, or come crawling to you with the balance, at which point it's really up to you if you still have the car and want to sell it to him.

  3. you still have the title to it so basically its useless to him unless he pays you for it,i can understand you being a little nervous over it,i have sold a few like that,and it is nerve wrecking,but maybe there's a reason for him not answering the phone or maybe he is avoiding you,but you have the title and the document he signed,i would make every effort to get in touch with him and if you cant get in touch with him go and take the car,the document you have gives you the right to take the car if necessary,but it would seem that if he has avoided you he may be trying to get out of paying,but either way you legally have to wait until the due date comes up as it says on the document he signed,you still can get the car back if necessary,its win loose or draw deal right now,its all up to him and how honest he is,good luck with it,i been there before,and when you cant get in touch with them it really makes you mad,but maybe he will come through and finish paying for it,good luck.

  4. Ask an attorney to help.

    This is can be either a criminal or civil case.....

    Attorneys are good at writing letters

  5. If you still have the car, give him a 10 day written notice that the deal must be payed off or he loses all due to lack of payment and breaking the agreement.  If he doesn't come up with the rest keep the car and his money.  Perhaps he will learn not to jack with other people's money.  Any dealer would do the same.  The object is to sell the car not store it.

    If he has it repo and he has 10 days to make good.  If he sues you have documentation to take to court .  I doubt he would sue.

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