nh7cy

Okay I know a lot of this is going to make me sound like an idiot for trusting someone on Craigslist.

Legal advice:

Quick Summary:

I sold someone a car, I let him drive off with it based on $500 down and a handshake, he agreed to pay me the rest the following week. Now the car is damaged (lug nuts backed off while he was driving it, because he never checked them after he bought it). Now he wants his money back.

Now for the whole story:

So as some of you on here know. I sold my 944. I ended up selling it for $2000 to a fellow on Craigslist. I went a day before I sold it, let the buyer test drive it, he said he'd talk to his wife about it. He came back the next day and said he'd take it. He asked me if we could work out a deal, he'd give me $500 because he wanted it that day, and give me the $1500 difference when he got his paycheck the next week. Edit: I also took down his DL number, work phone number, work place address, home phone number and home address (which I was able to verify) to ensure that he didn't hand over $500 and run for it.

I decided that would be fine, as that's what I did when I bought the car and figured I'd pass on the favor to the next person.

I wrote up a buying contract, but as it turned out, my printer had run out of ink when I went to print it, just as I was leaving to deliver the car to him. I left anyway because we had already agreed on the time and I said I'd be there at that time, brought the car over, we agreed that he'd sign the contract when I saw him next (that next week). He gave me the $500 cash, I told him the car was officially his, we shook on it, and he was on his way.

Now, three days later, he calls me up with several problems. For one, the car overheated while he was sitting in traffic (for about 2 hours) and two, he hadn't checked the lug nuts when he bought the car, the lug nuts on the drivers side wheel had backed out, and the wheel came off on the freeway. Now he wants his money back. He insists I didn't tell him the whole story behind this car. Which I actually did, in full detail. Even telling him that the car would NEED A LOT of work.

Here's my dilemma.

#1 He hadn't signed the contract which I wrote which had stated to the effect of, but not to the word, "Upon receiving $500 down payment, any problems mechanical/cosmetic, or otherwise which shall arise from the vehicle are now the responsibility of [buyer]."

#2 I know there are California laws which protect sellers on these subjects, especially as this guy should have known that you can't just go out and start commuting in a $1500 sports car without first looking at it and making sure it is mechanically sound. I also made sure to tell him all of this as he was looking at the car. I told him that the car would be needing mechanical work, and that although I couldn't tell him what exactly, he'd most likely be running into various problems in the future do to the nature of the car and it's age. But my issue is, since he only gave me $500 for it and hadn't FULLY paid for the car yet, who's legally responsible for it? Am I obligated to give him his money back, or was our gentleman's agreement and $500 good enough to justify the sale of the car?

#3 Since the rear wheel came off, he has to tow the car, referring the previous paragraph as to who is legally responsible for the car, who has to eat the price of the tow?

Any help would be appreciated, this has all pretty much ruined my day, and probably the next week for me as I now have to tackle all of this.

Thanks

potent951turbo

I hate to be the one to say it, but not getting a signed bill of sale or some kind of contract before exchanging anything was not very smart. I don't care if you said you would be there on time or not, I would have made new arrangements to get your contract printed and signed. Especially since you didn't get paid in full. I wouldn't count on getting the rest of the money that you originally agreed on.

I would guess that if the title was signed over to the new buyer and dated that he doesn't have much to argue over since the car is his now and also his problem/responsibility. Just like you didn't have anything signed saying the car was "as-is", there also isn't anything saying that it had any kind of warranty.

This is basically going to turn into a "he said she said" issue over who wants to argue most. I don't think either of you have much to argue over except that you sold him a car and it is now his responsibility. You more then likely will never get the rest of your $1,500, but I doubt he can get anything out of you either.

nh7cy

Ok, that's what I expected. I know we had a verbal contract where I went over everything in the contract I had written up even stating that the car was in fact as is, but those are too feeble to really hold their own.

eman930

Why would you sell are car knowing the wheels are loose??? I understand know somethings are wrong with the car but if you knew the wheel was loose and let him drive off thats just bad. Also not having a bill of sale or anything signed is bad. Who ever bought it just got a slightly damaged porsche for $500 + tow

dillon410021

small bad things can add up fast!

nh7cy

The wheels weren't loose when I sold the car which is the weird thing. I tightened the wheels to 90 ft/lbs 6-months ago, the car sat for three. They were tight when I sold it because I double checked two days before.

eman930

Did you see picks of the car with the wheel off and damage??? Maybe he is bluffing and just trying to get the car cheap

nh7cy

It happened sometime around 3ish today, apparently 95juan was driving home and saw it parked on the side of the freeway.

I guess I'll just refer to this from here on out as a 3-day long test drive that went to hell.

bearone

i've never given or recieved a bill of sale buying/selling to/from a private party and the sale is understood "as is", no warranty.

you were dumb to let the car go until it was paid for.

87951
95sl320 dd

Yabo

Man, that sucks.

But I really don't think the buyer should be expected to check his lugnuts, if you said the car was ok to drive home?

I hate to see this stuff happen. it sucks for both sides. And it seems you can say "document, document, document" over and over and people still leave it to chance.

F18Rep

Whoever has title, owns the car. If that is you, then take the 500, pay the tow, have it dropped at your house. If the buyer wants it, then he needs to ante up another 1500 (maybe plus the towing). If he wants his 500 back, let him get the lawyer - which won't happen.

It is a $2000 car, by definition that is unreliable. Bruce

PS... I've done enough dumb things to be well acquainted with the concept, but this one staggers my imagination...

nh7cy

I'm taking it back. I know somebody who wants it, to tear down completely and turn into a track car. He offered $1500 for it, which is fine with me and has the cash. Best seal it all up and move on.