Sold my truck... what are my legal rights?

[Fosgate]

My plan is to go to his bank, 200 miles away but I have to be in the "neighborhood" anyway on monday, and cash it in person and get a cashiers check. At that point I should be clear of any of his attempts to stop payment shouldn't I????

So long as they cash it, yup. I know there is a return in some states like sledskiing mentioned. Wyoming has a 72hr rule. South Dakota doesn't have that. Basically even the 2seconds or 2 ft whichever comes first law doesn't apply here. (I sold for a Ford dealer in both Wyoming and SD.). I carry an Insurance/financial services license and worked with banks alot on disputed payments etc. Also for my renewal this last April I took Contract Law for my continuing ed credit and it's still pretty fresh in my head. If you go to court and don't have an attorney present and have your case presented by one can give this weasel a way out. I'd be sure to seek legal consult if it comes back or if he tries to take you to court if the check clears and he is unable to dispute. If he calls and harrasses you don't be afraid to goto the courthouse and pay $25 to file a restraining order barring him from direct communication to you. (It's always fun to bring that up in court later when establishing credibility of the platiff and defendant.). Yeah, I don't like attorneys like anyone else but when your in the right, it's great to watch the other guy squirm. Also if you he tries to sue you make sure you seek consult right away to have an attorny respond to the supoena with a countersuit to cover attorney fee's & expenses (missed work time for court, letter postage etc.). Whenever you mail anything mail it express certified and keep reciepts. (great to see when you win the expression you get for them having to pay $200 in postage fees! )

Let me know when and where the court date is. I'll be the guy in the back eating popcorn with my helmet on.

 

[jmcrnkovich]

former car dealer

former car dealer from idaho checking in here. i don't know what the laws are in your state but it sounds like you have fulfilled all promises made in the sales contract and/or bill of sale. definitley a hard situation for all parties involved but fosgate make some valid and legal points. it also sounds like you were very accomodating in your response to the truck's new condition. offering to take the truck back and unwind the deal is above and beyond your responsibility. although it is hard to predict a mechanical failure, most of us are experienced enough to know that something in proper working order does not suddenly develop problems without warning signs or symptoms. the white smoke does sound like coolant is getting into the combustion chamber and burning. could be something as severe as a head gasket or something much less complicated. my advise is to verify the buyers funds, get the CASH and then contact the buyer for the status of the truck. you have kept your commitments to him during the sale, offered your assisatance after the sale (which was declined) and now you are due what was promised by him. end of story. just make sure that the amounts on the bill of sale and the check match if it proceeds to a legal matter. you will still win in a court of law but you don't want any additional attention from uncle sam regarding taxes.

 

[Jeff C]

Now, am I going to get a notice from the bank that the check has been stopped




That was your problem.......... Personal check.........


Shoulda used a cashiers check or plain ole' cash.........

Learn!!

 

[TBWdracula2003]

unless its stated otherwise somthing is sold " as is " even if somthing was wrong it wasnt your fault

 

[skibreeze]

There are laws in CO that protect buyers of used cars. I was told that buyers have 48hours (?) under some "lemon law" on used cars. I don't know much about it. From what i was told it didn't matter what was written on the bill of sale. I'd at least look into it. One of my mechanics mentioned it to me once.

Good luck that sucks.

Not true, once you take delivery, you own it. I sold cars in Co. for 10 years. We had people that wanted to return cars from time to time and as long as the paperwork was done correctly, we had no obligation to unwind the deal. The only time a customer could unwind the deal was if the bank had not funded the deal and the customer went to the bank to complain.

 

[Numbnuts918]

I had a problem like this a while ago. My sister in-law had me sell her streetbike while she was out of town. This nice couple came out, mid 20's, & the girlfriend was looking but wasnt much of a rider yet. The boyfriend rode & asked to ride it, which of course I said sure. Just be careful. I told him they just put down fresh oil & gravel in the neighborhood & to take it easy. He agreed & pulled out. About 5 mins later I hear a noise a block over like something spinning on the gravel. Anyway, he rolls on back, says they will think about it & they take off,quick. Here the left side motor is all scratched up & gravel stuck up in it. I chased them down & caught them at a resturant & he denied dropping it. All I got out of it was a pissed off sister in-law. I fixed it & we appologized to each other & life moved on. I just recently sold my old fixer upper 68 chevy truck to a dweeb in the cities that paid me cash for it & said he would transfer the title the next day. Wrong. The next day it got towed by the city in front of his house on a street cleaning day, & the city went after me. Total of $700 in fines had acumulated over the 3 weeks after I sold it. He never did reclaim it. They sold it at auction, after I told them what happened, they cleared me of the fines. Live & learn I guess.

 

[M.M. 700]

I made out a bill of sale and it stated that the sale is final and there was no warranty or guarantee implied or expressed.


If the bill of sale stated that. I would think you are clear. You know he was beating on it on the test drive, because of your wallet. He bought the truck, and was beating on it to see what it had.

You can blow a motor/head gasket/cause major motor damage by "rat banging it" in 20 miles!! It can even be done in less time than that.

Good Luck

 

[racingpit]

You sold it as is..... Sue him for stopping the check, and for all of the collection fees.


If I bought a house today, and it caught fire after I signed the papers....I would be the one liable for it.

 

[jsledder]

"Live and Learn" I've been beating myself up over this whole deal, thinking how I SHOULD have handled it and instead I put myself in his situation and how he "needed" a truck and all this and rather than waiting till Monday I just did what I usually do and that's put too much trust in people. Learned a good lesson from this, even if it does not bite me in the *** I'll still know what to do next time to prevent the stress I've been going through since 10pm Friday night.

Some good advice on here though, that's for sure. I was going to call him and see what he's found out on it and figure I'm just going to wait to do anything until I've got cash in hand, if his bank wont cash the check tomorrow I've got the Sheriff's # in my phone and his address and the extra key I found for it. Hopefully I don't need any of that and it all goes smooth.

 

[PLUMR]

WTF was your wallet doing in the truck for the test drive?

 

[Pimp Daddy]

WTF was your wallet doing in the truck for the test drive?

I was gonna ask that too. But anyway on to the problem at hand. It was sold "as-is" and that means exactly that. That being said you took a cheque for a truck, which was.... uhhhh... how shall I put this??? Ill advised. But what's done is done. So, now if he wants to stop payment and you have to bring the matter to the courts, first thing you should do is go see the kid and the two of you head to the local dealer and have them download the history. That way if he was drivin like a little old lady or roddin it like he stole it you know. Can't fake that, the Module just records what it sees. Reminds me of the 1994 Dodge Viper some local dude bought. He was racin a crotch rocket down a big hill when smoke starts pouring out the right side exhaust. He gets it towed to the local Dodge dealer where the first thing they do is hook it up to the MDS and download the history. Within minutes they could tell him warranty was null and void. Overreved the engine and held it there for minutes. You didn't mention what year the truck was or even a make but it really doesn't matter. If you can "chip" it it has the info in there. So if he starts sayin you sold him a truck that was on it's last legs do it fast, get there and check. That's my 2 cents.

 

[Sambo11]

Somewhat off beat here but don't think a cashiers check is like cash cause it is NOT! I have dealt with cashiers checks before and hate them. They take anywhere from 7-14 days to clear your bank.

I always thought a cashiers check was as good as or just like cash. It's not at all. Because there are so many fake or fraudulent cashiers checks out there the bank holds the release of funds from a cashiers check for 7-14 days. A personal check actually clears the bank faster than does a cashiers check but you have to worry about there being enough funds in the persons account to cover the check. Best way is to get a wire transfer or personal check and go with them to their bank and cash it or transfer the funds from him to you.

 

[94fordguy]

Anything of any consequence I have always had CASH in hand...


Ya, What was your wallet doing in the truck anyway

 

[dmkhnr]

Who has the title to the truck?

 

[sledskiing]

Not true, once you take delivery, you own it. I sold cars in Co. for 10 years. We had people that wanted to return cars from time to time and as long as the paperwork was done correctly, we had no obligation to unwind the deal. The only time a customer could unwind the deal was if the bank had not funded the deal and the customer went to the bank to complain.

good to know. tks

 

[jsledder]

My wallet was in there because that's where I keep it and never think about it.

Good to know on the cashiers check, I'll probably just pick up the $$ in cash.

I have the title, the bill of sale also stated the title will be released when the check clears the bank.

 

[SPDLT]

Jsledder - every State has different laws on the books concerning situations as you have described. I do know Wyoming Law but admit I know nothing about SD Law, so, I'll will be brief.

Some have given good advise although some have not! You have two different things to consider here. Criminal Law and Civil Law. Criminal Law is probably not on option at this point and may never be concerning the check he wrote to you. Civil Law very well may come in play for you although an attorney may also be a necessity in your case (if the check does not come through).

No, I am no attorney and also hate paying for them. I would also keep an eye on my credit history just to be sure no one looked through my wallet prior to it falling on the floor!

Good luck!

 

[jsledder]

I would also keep an eye on my credit history just to be sure no one looked through my wallet prior to it falling on the floor!

Good luck!

Wholly S H I T.... now you really got me thinking... The only thing they could really do is write down my credit card numbers and have a hay day on the internet right?? Perhaps they put it down there in hopes I wouldn't see it and then they'd have the plastic.

Another sleepless night coming up....

 

[Blk88GT]

Update?

 

[summitone]

Update?

Yep, TTT.