What should i do? Guy went back on deal.?

Question

I sold a truck for 2500 dollars. The guy gave me 500 dollars cash and 2000 dollars in a check and dated it for two weeks. Its been about a week now and he calls me saying he wants to give me back the truck because he is getting a better deal else were. I did not give him the title until the check cleared. Thinking he would pull some thing slick, so he wants me to return him 500 and the check. What should i do? Im willing to give him the check but not the 500 because he's been using it. I told him that but wants all of it cuz he did an oil change and replaced two tires. Help what should i do.

Answer 1

Get a phone book and call some lawyers. Some of them won't talk to you unless you come into their office. Keep calling different lawyers until you get some kind of answer.

I've had problems and have done this. At least you'll know what your rights are and get a better idea of which way to take this.

Answer 2

Honestly- I watch alot of Judge Judy, and from that I can tell you if it was a personal private sale , whether or not you had it in writing- they are always AS IS- He can not change his mind if the deal was done...and that even includes you waiting to give him title  until the check cleared...he paid and took the truck....the end-

Answer 3

b4 u sold him u should have made a contract but now is now

so tell him to f off or take this to court my man

Answer 4

Accepting a post-dated check is stupid. It actually would allow him to win in court. Giving him possession without fully paying was ridiculous. You may want to get your vehicle back before he wrecks it and cancels the check

Answer 5

You sue him for $2000 in small claims court.  You will easily win.

Good Luck...

Answer 6

Ask for receipts for the tires and work done and refund him the money.HERE'S WHY

You are drawing dead in small claims court with an open ended contract via the post dated check. In the mean time he gets free use of your truck for 500 dollars. The best deal for you is to get out as painlessly as possible. There is nothing stopping this jerk from just taking off with your truck. I know you are mad and it just isn't right but the laws in this country are written that way and there are those who know how to take advantage of them.

If a client took off with a car on a test drive with no supervision and did not return the car--that was NOT a stolen car--if memory serves it was theft of services and not a high priority.

Answer 7

Laws vary by state, but to avoid any lawyers getting involved I'd just return all the money if he did in fact do an oil change and put on some new tires.  Consider the tires and oil change rental for using the truck.  Then nobody has any basis for legal action, because no purchase occurred (the tires and oil change were not at your request, so they aren't part of the sale).

Answer 8

Are you saying you still have the check?  Oh, wait, that's right - you know the check is no good, don't you?  You knew that when you took it....  You two guys deserve each other.

I would give take the truck back.  The check is no good. You knew that when you took it. How is a bad check going to help you out, huh?  It won't.

Everybody that sez "a deal is a deal" didn't read closely enough to see that you deliberately took a bad check.

Answer 9

to bad for him! a deals a deal.

Answer 10

You're being generous to only keep $500.00. You don't have to give him anything back at all. How ignorant of him to assume he can just back out of a deal because he thinks he founds a better deal later. It would be a messed up world if we all tried to pull that. Stick to your guns chum. Who knows what he's been using that truck for or doing to it. He can sell it himself for $2700.00 if he wants.

Answer 11

you keep the down  and return the check after you get the truck.... hes been driving the truck then he owes you money some where but then if he got new tires and a oil change dont you think that migh cover the 500

Answer 12

I wouldn't refund his money. A deal is a deal.

Answer 13

in small claims the cash deposit and check would be seen as a verbal contract and would obligate him to pay. having said that it may not be worth your time and energy to fight him on the issue. if he returned the truck in the same condition as you gave it to him in i would give him his money and check. and the next time you sell the truck.............CASH.  never take a post dated check. ever hear of buyers remorse?

Answer 14

If you didn't get any of this in writing then you may have to just give it back to him once he gives the truck back and you check for damage.  Or you could take him to small claims court to settle it.  But once again if you didn't get anything in writing then you have to settle it amongst yourselves.  If you did, you can take him to court or maybe call the cops to get your truck back.

Answer 15

First of all, what you did was wrong, never hand over something without full payment.  A post-dated check is not money, it's bullsh;t.  

And what he is doing is wrong.  So.....this is what i would do....:  Tell him, "ok, fine i'll take it back, here's a check for your deposit", take the truck back and then go to you bank and put a stop payment on the check.  Let him try to sue you for the money.

As far as I'm concerned you are both wrong, this never should have reached this point, stupid decisions.

Answer 16

How big is the guy?  I would try to make a deal, offer to refund 250 and see what he says.  If you've already used the  500 I don't know what he could do to you but I'd asked myself if it was worth the risk......

best of luck, nance