My father tried to buy a car. He signed a contract saying he would buy and wrote a personal check for $9000 to hold the car. He wrote "hold" on the memo line because he was going to get a loan from the bank the next day. The bank did not give him the loan and he never drove the truck off the lot. He then told the car dealership he was going to cancel the check.
A few months later the dealership tried to cash the check and if course it didn't go through. Even though he said he cancelled the check, they put the car in his name. Again, he's never actually took possession of the truck. Now the dealership is suing him and the county has sent him a letter regarding him passing a bad check. Can he be faced with criminal charges? Can the owner take him to court for civil charges for the amount of the car he "owns" on paper, but has never actually took possession of?
2007-12-23 13:16:45 · 5 answers · asked by Anna C 2 in Politics & Government ➔ Law & Ethics
Most states have a provision of a three day period where the buyer can cancel providing possession was not taken and they were notified of the cancellation of sale during that three day period. You need to contact an attorney to see what your legal rights are in your state. If your state does NOT have that type of provision, Dad would be responsible for the sale plus a possible criminal charge of Passing a Bad Check. Good luck and I hope this helps you.
2007-12-23 17:05:08 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Your father entered into a contract to buy a truck for $9,000.
Unless that contract clearly stated, IN WRITING, that it was contingent on him getting the bank loan, then it's binding. The truck's his, and he owes the dealer the $9,000. The dealer is within it's right to hold physical possession of the truck until your father makes good on the bad check.
They can also file a criminal complaint with the DA for passing a bad check. Depending on State law, your father could be on the hook for up to three times the valaue of the bad check.
Richard
2007-12-23 21:39:34 · answer #2 · answered by rickinnocal 7 · 1⤊ 0⤋
He needs a lawyer, the "hold" check was never intended to be cashed unless he received the loan and took possession of the car, its merely a "good faith " gesture..with a decent lawyer and the proof that he never took delivery of the contracted item ,he would probably win ,if they bothered going to a hearing. normally the lawyer would be able to straighten it out with the dealer outside of court, and the bad check issue should be easy enough also since it was contingent on his getting the loan to make it valid,as evidenced by the "hold" notation.
2007-12-24 11:55:03 · answer #3 · answered by little_whipped_mousey 5 · 0⤊ 0⤋
No, if you never possessed it or paid for it then you can't be sued for it. Your dad's fine.
2007-12-23 21:27:06 · answer #4 · answered by Kristina 3 · 0⤊ 3⤋
No,
2007-12-23 21:32:59 · answer #5 · answered by Anonymous · 0⤊ 3⤋