I have made three payments on a car to a private seller. We had a verbal agreement that there would be no time limit for how long it took me to pay it off. We agreed I would get the car when I paid it off. I have receipts for the payments made. He said he was going to sell the car to someone else, and I would not get my money back. Legally, can he do this? If he does, what can I do about it?
2007-03-15 12:26:37 · 5 answers · asked by jason_e_h 1 in Politics & Government ➔ Law & Ethics
As the vehicle is in his name, he has the legal right to sell it.
You can sue in Small Claims Court for the payments made, but with no written agreement is not the best situation, but not impossible.
The biggest deciding factor, as you indicate you have receipt for the payments made, is whether or not you drove the car during the time payments were made. If so, chances are the seller will state the Agreement was you were to make payments on a certain schedule and defaulted on making the payments, which would entile him to take back the car and sell it to someone else.
If you did not have the car and you were not driving it, you have a much stronger case for recouping your payments as he accepted money without any material consideration (the car) on your part.
2007-03-15 17:16:50 · answer #1 · answered by bottleblondemama 7 · 0⤊ 0⤋
Legally, the verbal agreement is probably binding. The question , as always is, can you prove it? That is why you should never start making payments without a written agreement. I would expect the most you can actually recover is the payments you made.
2007-03-15 20:38:42 · answer #2 · answered by STEVEN F 7 · 1⤊ 0⤋
I would take him to small claims court. No he does not have the legal right, but in the future make sure all of your contracts are written down with signatures. Contracts were made to protect buyers from getting into situations like this. It is unlikely that he can come up with a defense in court of why you have receipts for 3 payments made to him. I believe you should (and will) get your money back. Check what the statutory limits for suing in small claims is in your state and make sure it's not less than what you paid him. Good luck.
2007-03-15 20:13:50 · answer #3 · answered by Me, again 6 · 0⤊ 1⤋
I'm sorry to say that because your agreement with him was only verbal, probably not a lot. He would probably not give you back your money because you have put mileage on the car--in other words, it would be like you rented the car from him. You can check with the DMV
2007-03-15 19:33:49 · answer #4 · answered by Holiday Magic 7 · 0⤊ 0⤋
well if the car is in his r her name yes they can sale it and you can only take them to small claim court to get ur money back but if there was not a written agreement if may be hard to prove and will just turn into a he say she say thing it may be better to take it as a lost and learning experience, when u do business even with friends and family always do a written contract in times of things like this...........................Good Luck
2007-03-15 19:34:34 · answer #5 · answered by MsThang 3 · 1⤊ 0⤋