Hi I'm having a real stressful & difficult time w/ a person who agreed to sell me his car. The total price was $4500.00. I paid $2500 up front. From that point on I've been making timely payments as instructed. Now the balance is $1000.00. The seller has changed some of the agreements we made. I have not defaulted on any of the payments that have been due. We did sign an agreement. Now he wants the car back. My next payment isn't even due til next Friday. I don't know what to do. I don't have the money for a lawyer. Any advice would be greatly apprereciated. Thanks
2007-03-12 18:17:26 · 9 answers · asked by stace! 2 in Cars & Transportation ➔ Buying & Selling
He cannot legally take the car back unless you have defaulted on the contract, which it sounds like you have been paying on time..Do not give the car back to him, if you do you will not have any recourse in court..If he continues to push, then you need to take him to small claims court where I'm sure you would win hands down..
2007-03-12 18:27:00 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Unless you have the reciepts and he is holding the title or the car is in his name. If this is true then he could probably take it back unless you fight it in small claims court. This is what I would do it will cost you nothing unless you lose. If you have receipts and he wants the car back, the judge may give him the option of buying it back at the agreed amount of all the recipts that you have.
Like I said I learned the hard way and it was an unlikely source, my own brother.
Learn from this mistake. I have made the same mistake in the past. Now I make the person sign documents when I buy or sell a car from a private owner. I would use a "Bill of Sale" and a payment agreement schedule. You may even want to sign an odometer disclosure if you are the seller. It states that either the odometer reading is correct or not, not making you liable if it is wrong. If you are buying a car from someone that has a lien on the car I would sign a Lease agreement with the person, stating that they can buy back the car at anytime at an agreed price. There are many legal documents that can protect both the buyer and seller. Most of these documents are free on the web and only require 3 signatures to make it valid (seller, buyer, witness).
This is what I would do. I would tell the person if he wants the car back he must buy it back for what you have given him for it minus the $1000. Tell him unless he wants to go to claims court and fight for it. If he says, forget you can keep it. I would have him sign a bill of sell stating that you only owe him the remainder of $1000 and sign a payment agreement and pay him with a check or money order and have him sign a reciept on the day you make the payment.
2007-03-13 01:46:00 · answer #2 · answered by sellandtrade 4 · 0⤊ 0⤋
This is a easy one... Not knowing what your written agreement said I have to assume there is nothing more in the agreement than you indicated in you question. With that in mind, Make that next payment as agreed and indicate to the individual that you have lived up to your signed agreement and that if they choice to void the agreement that you now hold a mechanic lien on the vehicle and a ruling must be made by small claims court. Therefore, you are holding true to the agreement and that you are filing a claim with the small claims court to rule on the matter and obtain the title. Small claims court will cost you a filing fee of about $25 to $50 and you would included that in your claim so you get reimbursed for it. Take your agreement to court with you and show the judge. If the other party refuses to take any more payments right on the bottom of the check that the seller refused the payment with date and time and take the checks to court with you. No lawyer needed.. Small claims court is for persons only, no lawyers are allowed. Depending on your state the amount you can claim is up to $5,000.00 plus court costs. Sounds to me like the other person does not have a leg to stand on. They made a signed agreement and now they must live up to it. Unless you are a minor; as a minor you did not have authority to enter into a contract. Not to worry, sounds to me like you got it made.
2007-03-13 01:36:47 · answer #3 · answered by denfasr 4 · 0⤊ 0⤋
If you have a copy of the agreement you're in fine shape.Keep the car locked & continue to make payments as you have on the agreement.You may wanna get an alarm installed.
2007-03-13 01:22:51 · answer #4 · answered by Anonymous · 1⤊ 0⤋
If you have not violated the contract then he has no right to change the deal you have. I would go to court if he trys anything on you, you have rights to the car since you have paid a lot of it off already. Unless the contract says he can just change the deal then he can't do anything about it.
2007-03-13 05:08:22 · answer #5 · answered by sincity usa 7 · 0⤊ 0⤋
tell him, we have a contractural agreement, I am making payments to you, I have not missed any payment.
You may buy the car back from me for $5000 if you'd like, but I will continue to make the scheduled payments we agreed upon.
let him take you to court, it'd be small claims. you're complete in the right.
2007-03-13 01:22:24 · answer #6 · answered by Eric F 6 · 2⤊ 0⤋
If you have legal papers and receipts of your payments tell him take you to court. Make sure you keep paying in a timely manner and get your reciepts and check the dates. Good Luck.
2007-03-13 01:26:04 · answer #7 · answered by Mistical 2 · 0⤊ 0⤋
small claims court. I think the limit is 5000.00, and you just see the judge, dont need a lawyer. I think this is true, cant be sure
2007-03-13 01:22:35 · answer #8 · answered by Big hands Big feet 7 · 0⤊ 1⤋
He can want all he wants, if the facts are true...if he takes it its theft.
2007-03-13 01:21:55 · answer #9 · answered by tom2day 2 · 1⤊ 0⤋