Sold a lady a car, now husband is trying to get money back. Suggestions?

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  • Jean
    Moderator
    • Aug 2006
    • 18228

    #16
    Lemon law on a used out of warranty car , sold as is ? That guy is a tool. The only thing I would be concerned about is making sure you won't be liable if they drive the car and get in an accident or what not while it's technically still in your name. Not sure what the laws are like in your state. Is the bill of sale paperwork you both signed good enough w/o a stamp of any kind in case it goes to court ?

    Good luck and let us all know how it goes..
    Mtech1 v8 build thread - https://www.r3vlimited.com/board/sho...d.php?t=413205



    OEM v8 manual chip or dme - https://www.r3vlimited.com/board/sho....php?p=4938827

    Comment

    • Roadsterd
      Advanced Member
      • Aug 2005
      • 195

      #17
      Originally posted by cramer
      In my state (Washington) the title has two portions, the main one that is signed by you (releasing your interest in the car) and given to the owner and the other that is filled out by you (the seller) and turned into the State for their records. If your title is similar, fill out the title and hand it over to the owner, if they don't want it, certify mail it to them. Then fill out the other portion and turn it into the State. This tells them that the ownership has transfered and should expect the Title to come back in for a legal owner change. If the buyer doesn't turn the title in, it's all on them (there is a fine in WA state for not turning in a title so many days after a purchase).
      It is the same here in Texas. All you have to do is mail in the top portion of the title and you no longer have any obligation to the car. If you no longer have the other portion I am sure you could call the DMV and ask them for a form #.

      I sold a kid an untuned project car and told him 1000 times not to drive it. I told him to trailer it straight to the shop that he had lined up to do the tuning. Sure enough he couldn't contain himself and tried to drive it to the shop... blew the motor a mile down the road. He tried to say that I sold him a car with a blown motor. I covered myself in writing just like you did, not a thing he could do about it.
      ---1991 M50 Powered More Door
      ---1990 Slow Calypso Cabrio
      ---2002 9k Rev Honda

      Comment

      • kylebes1
        R3VLimited
        • May 2004
        • 2804

        #18
        Its a Mercedes. No question it will have transmission issues. Too bad.

        Tell the guy he will receive the title soon to leave you alone.

        Comment

        • banndit
          Member
          • Feb 2008
          • 62

          #19
          Make sure you get the title notarized before you send it off. Then, its no longer your problem.

          B

          Comment

          • Sean5294
            E30 Addict
            • Jan 2008
            • 515

            #20
            i would record the phone calls other than that you are good to go. there is nothing he can do in court.

            Comment

            • aaronmjr
              Member
              • Nov 2005
              • 82

              #21
              So when you say get it notarized, do you mean like take it to a notary when I fill my part out?
              1990 M3 / 1998 M3

              Comment

              • george graves
                I waste 90% of my day here and all I got was this stupid title
                • Oct 2003
                • 19986

                #22
                Originally posted by aaronmjr
                So when you say get it notarized, do you mean like take it to a notary when I fill my part out?
                Notary public, a public official who notarizes legal documents and who can also administer and take oaths, and affirmations among other tasks.

                Usually it's some gray haired lady that all she has is a log book and a stamp. They look over your documents, make sure they are legit to their eye, make note of it (copies) and charge you that maximum they can by state law (think it's $40 in CA).
                Originally posted by Matt-B
                hey does anyone know anyone who gets upset and makes electronics?

                Comment

                • kroberts
                  Mod Crazy
                  • Nov 2006
                  • 680

                  #23
                  We all bitch about cops (because they are all pricks...mostly) but now's the time to make them put down the donut and earn their pay. Call them and file a complaint/report. Try to record the buyer if you can. This aint high school any more.

                  Comment

                  • LEANE30
                    E30 Modder
                    • Apr 2006
                    • 838

                    #24
                    ^^^ pretty much

                    if they paid in cash, right there that's suspect, now they are threatening you. get the cops involved ASAP so there is record of the potential issue. that way if something does happen, the cops and court will know where to go and have immediate suspects right off the bat

                    "harassement"
                    ...what hasn’t been done to an m20 yet?

                    m20 Oil Stencil

                    Comment

                    • h0lmes

                      #25
                      Recording someone without their knowledge is not admissible in court. If you recorded him you would have to also have to be on the tape saying that he is being recorded. I would just try to write down as much as possible for your records.

                      Comment

                      • Mtriple
                        No R3VLimiter
                        • Dec 2003
                        • 3139

                        #26
                        Sorry to hear about your troubles Aaron. Sounds like you will be just fine with the contract that you drew up. I cant remember the details, but Minnesota does have the ability to force titles. I had to do it a few years ago on a vehicle...

                        Good luck!
                        Originally posted by Simon S
                        When a dream is a dream for too long - it becomes a fantasy..

                        Comment

                        • kroberts
                          Mod Crazy
                          • Nov 2006
                          • 680

                          #27
                          Originally posted by h0lmes
                          Recording someone without their knowledge is not admissible in court. If you recorded him you would have to also have to be on the tape saying that he is being recorded. I would just try to write down as much as possible for your records.
                          Holmes, I think you may be mistaken. IIRC only one party has to be aware of the fact that a conversation is being recorded. In other words, a third-party can not record a conversation and then use it as evidence in court unless that third party has a court's permission to do so (for example, a police wiretap).

                          Comment

                          • Vedubin01
                            R3V Elite
                            • Jun 2006
                            • 5852

                            #28
                            kroberts,

                            You are correct in most states. But check local laws in regards to that.

                            I remember the ad and was thinking about that car myself. Can you tell us what happened that they are having troubles with?

                            But all in all, your in the clear. As stated above many times!
                            Build your own dreams, or someone else will hire you to build theirs!

                            Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

                            Comment

                            • Sean5294
                              E30 Addict
                              • Jan 2008
                              • 515

                              #29
                              Originally posted by kroberts
                              Holmes, I think you may be mistaken. IIRC only one party has to be aware of the fact that a conversation is being recorded. In other words, a third-party can not record a conversation and then use it as evidence in court unless that third party has a court's permission to do so (for example, a police wiretap).
                              you are correct sir

                              Comment

                              • Erik j
                                E30 Modder
                                • Jan 2008
                                • 939

                                #30
                                Was the guy who purchised the car with cash a fat russion guy? If so I have about 30+ worth of jail time for him to serve on tax evasion.
                                Tri color fabric for sale here!
                                http://www.r3vlimited.com/board/showthread.php?t=105922

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