ok! i sold my car about a week ago. the guy come over to see it. i explained all the detailed things he would need for it. he came back the next day, gave me 800 in cash and a $1200 check. the next day he calls and says hes having problems with it. and he would call the next day. 3 days later his dad calls and says he payed to much. and cancelled the check. now my accounts -$800. and since i dont have the $800 cash back hes calling a laywer. and wont give me my car. and i leave for michigan on the 12th. i wrote a bill of sale AS-IS. is it legal to cancel a check without notifying?
2007-05-06 18:32:25 · 6 answers · asked by Anonymous in Cars & Transportation ➔ Buying & Selling
Tell his dad that his son made a deal with you to purchase the car as-is and since he paid and took the car you had better be paid the remaining amount owed or you will take them to small claims court immediately.
2007-05-06 18:45:14 · answer #1 · answered by DialM4Speed 6 · 0⤊ 0⤋
I don't understand, he gave you a check for $1,200.00 and $800.00 in cash.
He cancelled the $1,200.00 check and now your minus $800.00?
If you deposit the $800.00 and the check was cancelled you would be out the check not the cash.
I would call DMV on this matter and see what they say.
If he doesn't give you back your car I'm sure you can report it stolen.
In the future never ever accept a check as payment when you sell something.Always demand cash.
If they don't have the money on hand then they simply don't have the money at all.
Your probably going to have to take him to small claims court so I hope you have his name and address.
2007-05-06 18:47:25 · answer #2 · answered by Anonymous · 0⤊ 0⤋
you will ought to have it repossessed. you will ought to flow to court and get a court order; simply by fact the debtor has a captivating to due technique, to have a super gamble to refute your allegations and practice to the court he has paid you. If he does not ensue, you will get a default judgment and you will ought to ask the court for an order to get better the collateral ( motor vehicle). dismiss the suggestion others have given you on the subject of the available problems with the vehicle. you do not ought to be afflicted on the subject of the fact that he says it has issues. All used autos are offered as-is.
2016-10-14 23:36:22 · answer #3 · answered by ? 4 · 0⤊ 0⤋
No, it is not. You now have the legal right to Repossess the vehicle. I would contact your local police department. As long as the guy you sold it to was over 18 your ok.
2007-05-06 18:41:38 · answer #4 · answered by Jason 2 · 1⤊ 0⤋
Get a lawyer. If the bill of sale AS-IS, he owes you the $1200. A lawyer would eat him alive.
And next time, get a cashier's check.
2007-05-06 18:39:42 · answer #5 · answered by bigtalltom 6 · 3⤊ 0⤋
This is not legal...you should sue him. Make sure you sue him for the fees your bank charged you for the cancelled check as well.
2007-05-06 18:40:13 · answer #6 · answered by Helen Scott 7 · 1⤊ 0⤋