Opinion on Situation

K

KiNgFp

Member
ok, i finally sold my Beater to the previous owner [ 240sxkatae ] yesterday. I didnt have the title so i wrote up a bill of sale. has buyer/seller and drivers license #, date, VIN #, make and model, and i made sure to include on the bottom "Sold as is" W/e dude gave me a check fine. He sat in my yard, in the car for a good 10 minutes doing what ever with the car and he left. As soon as he left i went to the bank to cash the check (my insurance purposes), the check bounced. Insufficent funds. His mothers account. I call him back immediatly and he tells me "oh i thought my mom would have had the money in the bank... i can have the money by tomorrow". w/e still goin with it, i call him this mourning for the money. He explains to me that he crashed into a pole because the breaks didnt work and the throttle got stuck ( i would think hitting the clutch would solve that ). None of this has happened to me, and i have been driving the car since he sold it to me. I still ask him for the money, and his girlfriend or mom gets on the line and starts chewing me out about selling him a car w/ no brakes. After they click on me a couple times, we are now @ the point where they are gonna take me to court.
for his defense he braight up the Florida Lemon Law [ http://www.800helpfla.com/lemonlaw.html ] which i dont think applys to this situation.
relevant shit:
- he gave me a bad check
- he signed the bill of sale 'sold as is'

irrelevant shit:
i have been driving the car since like december almost exactly the way he gave it to me, except that the day after i baught it from him, the tire blew and wrapped around the ECU harness and yanked that out (drivers side front). now this is my word againts his, but i had no idea 'the brakes' would stop working OR ' the trottle would get stuck' ... personaly i dont think thats what happened.

I want your opinion becasue i have YET to get my money for the car and the car is in his possesion, what you think will be the outcome in court.
 
Last edited:
I think the guy cant drive. Go and get pics of the brakes and lines before they tamper with them (if they havent already) Lemon law doesnt apply to private sellers I dont think though.

If it goes to court. Say the guy stole it basically. He gave you a bounced check, took the car and crashed it. Not your fault.
 
man AS IS lol people are suppose to testdrive there shit if he sighned it than to bad for him NEVER take a check never

nigguh read! lol "The Lemon Law program DOES NOT COVER USED CARS" in bold on front page lol
 
Yea, it is your fault too. You took the check, you CANNOT trust anyone, especially people that are buying cheap little cars cause you know they dont have any money. Good luck.

Oh and lemon law doesnt apply to you. Your a private seller and car is old (not new) Your home free. Theyre dumb if they goto court because youll win.
 
trust me i know, i read up on that law shit... n i dunno i took his check cuz i was tryin to trust the guy, i have him a check when i baught his shit, but like i said i went STRAIGHT to the bank to see if it would cash
 
lemon laws only work if there is a documented history of problems with the car. so tell him to take you to court for it,
 
Yo

KiNgFp said:
ok, i finally sold my Beater to the previous owner [ 240sxkatae ] yesterday. I didnt have the title so i wrote up a bill of sale. has buyer/seller and drivers license #, date, VIN #, make and model, and i made sure to include on the bottom "Sold as is" W/e dude gave me a check fine. He sat in my yard, in the car for a good 10 minutes doing what ever with the car and he left. As soon as he left i went to the bank to cash the check (my insurance purposes), the check bounced. Insufficent funds. His mothers account. I call him back immediatly and he tells me "oh i thought my mom would have had the money in the bank... i can have the money by tomorrow". w/e still goin with it, i call him this mourning for the money. He explains to me that he crashed into a pole because the breaks didnt work and the throttle got stuck ( i would think hitting the clutch would solve that ). None of this has happened to me, and i have been driving the car since he sold it to me. I still ask him for the money, and his girlfriend or mom gets on the line and starts chewing me out about selling him a car w/ no brakes. After they click on me a couple times, we are now @ the point where they are gonna take me to court.
for his defense he braight up the Florida Lemon Law [ http://www.800helpfla.com/lemonlaw.html ] which i dont think applys to this situation.
relevant shit:
- he gave me a bad check
- he signed the bill of sale 'sold as is'
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
THIS IS ALL RELEVANT NOW SINCE YOU DROVE THE CAR FOR A PERIOD OF TIME YOU SHOULD BE ABLE TO HAVE BILLS FOR THINGS THAT WHERE FIXED OR ATLEAST FOR THE PARTS YOU USED TAKE HIM TO COURT HE HAS NO TITTLE THE CAR IS STILL YOURS BY LAW
irrelevant shit:
i have been driving the car since like december almost exactly the way he gave it to me, except that the day after i baught it from him, the tire blew and wrapped around the ECU harness and yanked that out (drivers side front). now this is my word againts his, but i had no idea 'the brakes' would stop working OR ' the trottle would get stuck' ... personaly i dont think thats what happened.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
I want your opinion becasue i have YET to get my money for the car and the car is in his possesion, what you think will be the outcome in court.
Click to expand...

DO IT
 
KiNgFp said:
ok, i finally sold my Beater to the previous owner [ 240sxkatae ] yesterday. I didnt have the title so i wrote up a bill of sale. has buyer/seller and drivers license #, date, VIN #, make and model, and i made sure to include on the bottom "Sold as is" W/e dude gave me a check fine. He sat in my yard, in the car for a good 10 minutes doing what ever with the car and he left. As soon as he left i went to the bank to cash the check (my insurance purposes), the check bounced. Insufficent funds. His mothers account. I call him back immediatly and he tells me "oh i thought my mom would have had the money in the bank... i can have the money by tomorrow". w/e still goin with it, i call him this mourning for the money. He explains to me that he crashed into a pole because the breaks didnt work and the throttle got stuck ( i would think hitting the clutch would solve that ). None of this has happened to me, and i have been driving the car since he sold it to me. I still ask him for the money, and his girlfriend or mom gets on the line and starts chewing me out about selling him a car w/ no brakes. After they click on me a couple times, we are now @ the point where they are gonna take me to court.
for his defense he braight up the Florida Lemon Law [ http://www.800helpfla.com/lemonlaw.html ] which i dont think applys to this situation.
relevant shit:
- he gave me a bad check
- he signed the bill of sale 'sold as is'

irrelevant shit:
i have been driving the car since like december almost exactly the way he gave it to me, except that the day after i baught it from him, the tire blew and wrapped around the ECU harness and yanked that out (drivers side front). now this is my word againts his, but i had no idea 'the brakes' would stop working OR ' the trottle would get stuck' ... personaly i dont think thats what happened.

I want your opinion becasue i have YET to get my money for the car and the car is in his possesion, what you think will be the outcome in court.
Click to expand...


take him to court
and kick his ass!
you'll win because you have a good arguement and you're in the right
he's in the wrong and is way out of line
bad character on his part
it's so hard to trust ppl these days
good luck
 
ya thanks, im 18+, i dunno how old he is..
No the BOS wasnt notarized..
and no the title is still in my name, i have to go with him to transfer the title anyways..

i forgot to add, my dumbass left my license plate on it..
 
KiNgFp said:
ya thanks, im 18+, i dunno how old he is..
No the BOS wasnt notarized..
and no the title is still in my name, i have to go with him to transfer the title anyways..

i forgot to add, my dumbass left my license plate on it..
Click to expand...

wow
at least you have the maybe you should just say he stole your car and crumple up the BOS and send him to jail
 
KiNgFp said:
ya thanks, im 18+, i dunno how old he is..
No the BOS wasnt notarized..
and no the title is still in my name, i have to go with him to transfer the title anyways..

i forgot to add, my dumbass left my license plate on it..
Click to expand...


If he isn't atleast 18 you are fucked. Plain and simple what ever he signed in null and void.

A) NEver take a check.
-If you do have the buyer make it out to CASH and cash it under his account.

B) MAke sure the buyer is atleast 18.

C) Make sure you both signed the title(if buyer is over 18). Then goto the DMV or COurt and fill out a transfer of title form(aka NOTICE OF SALE). That way the state has record of the ownership of the vehicle has transfered from you.

BILL OF SALE FORM

NOTICE OF SALE FORM

D) Also cover your ass. If he was injured and under 18 you can get in serious shit.

Good Luck.
 
yea ur fucked, lol contracts can be null and void if there under 18, they can claim the car out of need, and get out the contract even on a brand new car, if a 17 kid signs a contract, and its for need, he can get out the contract , with no fees, free of charge,,, but ur screwed,, u can try the small claims, , get a real lawyer, but the money spent might not be worth the money owned,,,, hire some peeps to rough him up LOL, or something, hes a little kid, u shouldnt have trusted ,,, yea, zak is right,, now u know not to do this again
 
if the guy is over 18, your ok in that respect. If you both signed the BOS, i think it would be enough, even if its not notarized. Putting the AS IS in there was smart on your part, because it should completly cover you on the "brake" issue. Even if he drove it off your driveway and it blew up down the street, tough shit...he signed the paper and paid for it. if he didnt test drive it, tough shit for him.

tell him to take you to court...i'm sure it wont turn out so bad for you.
 
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