I recently got a new vehicle, and I had to sell my old one. There was a guy at work who really needed a vehicle, but couldn't pay me until later this month. Being the nice guy I am, I decided to help him out. We agreed on $700 (based on the vehicle, this is a VERY fair price). I signed the title to him in good faith; I've worked with him for a very long time and he was a good guy. However, now he's been fired and I haven't heard from him since...and he isn't returning my phone calls. Am I completely screwed, or do I have legal recourse?
2007-05-01 07:53:13 · 9 answers · asked by savage_henry7 1 in Cars & Transportation ➔ Buying & Selling
Thanks for all your answers. I've certainly learned my lesson. There's still always a possiblity he might hold up his end of the bargain...but I doubt it. On the bright side, I could always get a tax write-off for giving it away. haha.
2007-05-01 08:19:04 · update #1
Yes, you have legal recourse. It would've been better if you had a written contract, but an oral contract is just as valid, just harder to prove. You kept your end of the deal and he did not, you are entitled to compensation.
2007-05-01 08:02:04 · answer #1 · answered by Chris J 6 · 2⤊ 0⤋
You're toast! Being a nice, naive guy got you taken down the road. I'd be willing to bet, that the guy planned on getting himself fired, and wanted some wheels to split. You happened along at just the right time for him to sucker punch you. Trust, there are few people you can truly trust. You have to keep yourself open and aware, otherwise, you are going to have some rough times. Sorry you had this lesson, but now you can move on, a little more knowledgeable. Oh, one more thing, contact the DMV and see if the title is still in your name. If it is, notify them of what has occured. They will probably have you complete a Seller's Report of Sale, you'll need as much info about this guy, as possible. This document will protect you, in case he dumps the car somewhere, or the car is involved in the commitment of a crime. You'll have documentation with the DMV that you do not owne the vehicle anymore. Do this, it is very important to protect you! Legally, you could probably take him to court, but really, what will you get from it? The car can't be worth much, and the odds of finding him to serve papers, is high, at best.
2007-05-01 08:01:01 · answer #2 · answered by fisherwoman 6 · 0⤊ 0⤋
An oral contract is legally binding but oftentimes difficult to prove unless someone else has witnessed the agreement. The best thing to do would have been to have a written contract or bill of sale with a balance due statement. You can try to go about this legally, but the time and agrevation required to get this done might cost more than the $700.
2007-05-01 08:06:58 · answer #3 · answered by Jay P 7 · 0⤊ 0⤋
very possibly, but i wouldn't say ripped off. rather you just made a business error. if you have any written evidence like a signed contract to pay, or a note that he gave you with his signature, then you have a reasonable small claims case. without any of this its your word against his, and he has the title.
if you don't have any of this you might win a judgement against him by filing the case in small claims, have him served a subponea, then if he doesnt show up in court to answer your claim you basically win by default. a judgement for your claim plus damages can be awarded. all the judgement means is that you are entitled to collect. should he get a new job you can actually garner his wages or place a lien against his property.
to do all this requires no lawyer but there will be some legal fees for filing a claim, serving a subpoena, and posting paper work costs. all of it i might add is reimbursable should you win the case or get a judgement against him.
next time be smarter. this time, work it out with him or go to court.
2007-05-01 08:14:17 · answer #4 · answered by gmillioni 4 · 0⤊ 0⤋
Yeah, you have no proof he owes you anything. If he's a decent person he will pay you when he can, but don't count on it.
The same thing happened to my ex-wife when she sold an immaculate ' 95 Dodge Neon. I kept telling her to get something in writing, but she just signed over the title.
2007-05-01 08:09:34 · answer #5 · answered by obelix 6 · 0⤊ 0⤋
glad to know you learned you lesson. here is a tip a private seller can be put on the title as a lean holder.good luck in the future.
2007-05-01 09:49:00 · answer #6 · answered by wildchild 2 · 0⤊ 0⤋
Call Tom Martino. He has a daily troubleshooter radio program.
http://www.troubleshooter.com/
2007-05-01 08:01:36 · answer #7 · answered by tunab0y 2 · 0⤊ 0⤋
oh man..i feel for you. I'm very curious to see how it turns out. let me know
2007-05-01 08:01:45 · answer #8 · answered by Anonymous · 0⤊ 1⤋
OK OK OK - I'll pay the $700. Just please don't take me on Judge Judy!
2007-05-01 08:02:55 · answer #9 · answered by Anonymous · 0⤊ 1⤋