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My mom sold someone a car for $3,800. I wrote a receipt and a contract for everything. In the receipt I release us from all liability. Long story short, my mom is out of my country for the next few months, And they canceled the check saying that we sold the car under false pretenses, saying the car had problems, when we didnt know about. Its taken me a week just to get a hold of the bastard. He wrote me two checks One that can be cashed immediately and one that was to be cashed in a few weeks. He gave me a deposit of $500 Now on my receipt I said he gave me a $500 deposit, Now after speaking to him he says $500 was all it was and that he doesn't owe me anything. Which is false, Well anyways I threatened to sue him, he is saying he will counter sue with car problems. I dont know what to do.. Any help. Thanks P.S im in Southern California if that helps interms of laws.
If there were any problems with the vehicle you didn't tell him about, there's a law where he could come back to you and say he wants a refund of the money and legally you have to give it back. --- Uh, nope. Car sales are Macedonia IS. Then the buyer has to prove the seller is knowledgeable of cars (aka ASE certified auto tech) and also must prove fraud. I doubt this poster has anything to worry about here. I see a check that is getting sent to the Justice of the Peace/Hot Check division for prosecution. Used car sales = Macedonia IS. That's going to save you here.
You will have to have it repossessed. You will have to go to court and get a court order; as the debtor has a right to due process, to have a chance to refute your allegations and prove to the court he has paid you. If he doesn't show up, you will get a default judgment and you will have to ask the court for an order to recover the collateral ( vehicle). Disregard the advice others have given you about the possible problems with the car. You don't need to be concerned about the fact that he says it has problems. All used cars are sold as-is.
If he gave you the check judge will believe your story. Regarding car problems that will depend upon the problem. Most likely judge will cancel the contract and if he drove the car a lot he will pay you something or if he fix the car then you may have to pay the cost of fix (if not unreasonable)
This is why accepting personal checks is a HORRIBLE idea! CASH ONLY!!!!!!!!!! The only thing your mom can do is sue him in small claims court. And she has to personally file and appear since it was her car and not you. You can appear as her witness. "Car had problems so I canceled the check" never flies in court. You should win without a problem but collecting the money is another matter. CASH ONLY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!...
The motor vehicle technically isn't stolen in the eyes of the regulation. once you agreed to settle for a partial volume of money and a examine from the customer, a settlement substitute into created. the undeniable fact that this settlement now exists makes this a civil case, not a criminal one. you will could desire to sue the customer for the $2100 in courtroom. Why did not you're making the customer wait till the examine cleared, or have him pass with you to the monetary employer to money it?
Sue him. You will win. His counter suit is dust in the wind unless you wrote out a warranty or he can prove that one was implied.
He committed fraud by canceling that check. He has no grounds to sue you, since private party car sales are "as is" sales. You would most likely win if you sued and he would lose if he sued.
If there were any problems with the vehicle you didn't tell him about, there's a law where he could come back to you and say he wants a refund of the money and legally you have to give it back. Since this isn't the case, you have the check in your posession and you've tried to cash it. You have proof he wrote you a check with his signature on it. You can bring him to court because you have proof he did write you the check. When you signed over the title to him, did you make copies of it for yourself? You should always do this. Bring those with you to court.