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Not sure if I can sue for this... help

Discussion in 'Car Sales, Dealers, Repairs, Lemon Law' started by I shouldnt even be here, May 12, 2022.

  1. I shouldnt even be here

    I shouldnt even be here Law Topic Starter New Member

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    Jurisdiction:
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    So I bought a car from a fella back in late Dec, he was the owner and it was during covid and lots of snow so everything was super slow and behind, he proved the title was in his name and coming in the mail so we signed a bill of sale and I paid him.

    Ended up wanting something else about the time he gave me the title (month ish later), and he offered to buy it back, so I said sure. He said he didn't have the money now but showed his pay stubs and makes decent income. We set up a payment plan and printed a legal document from rocketlawyer? I believe?? AND kept the title he gave me. Anyways, he claims he got covid and was in the hospital out of work on a respirator dying etc. I said whatever I dont really need the money right away so I said just wait til your out and we'll deal with it. Month+ goes by he constantly saying he's gonna pay me when workers comp comes and actually replying. Says he's gonna be sending $50-100 as he can. He sent one payment weeks ago and hasn't replied since. Messaged him on venmo, text, call, tried Facebook but he deleted his.

    My question is I know that the document and texts are enough for a small claims court, but is me not transferring the title to my name then back to his illegal even though I drove it only a couple times to test and was waiting for the title while it just sat idle. Like would I still be able to sue him???

    Thanks.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Small claims court is likely to care only about your written agreement about the money.

    The title issue is between you and the DMV. You probably violated the motor vehicle title laws by not titling it in your name then.

    Probably too late now.

    I'll bet if you took the title to the DMV you would learn that he already got a duplicate and yours is worthless.

    You may very well win a judgment for the money, but collecting it is another story.

    That he's ghosting you now suggests that he's a deadbeat who skunked you. He owns the vehicle, has title to it, and has your money.

    Expensive life lesson from the school of hard knocks.
     
    Red Kayak, Zigner and army judge like this.
  3. army judge

    army judge Super Moderator

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    Anyone in any of the 50 US States and half dozen odd territories CAN bring a lawsuit against ALMOST anyone from whom redress is sought.

    You prove your case to the judge's or jury's satisfaction, you prevail.

    Will you prevail in the instant matter at hand?

    No one is smart enough to handicap ANY lawsuit.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    True.

    But many can make educated guesses about an outcome.

    But that's all that they would be - guesses.

    Nothing to bet money on.
     
  5. zddoodah

    zddoodah Well-Known Member

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    So...let me get this straight. You made an agreement to buy a car from a private seller. You paid him in full and you either received or were about to receive title (and, presumably, also possession of the car) when one or the other of you changed your mind. You then agreed that the seller could buy the car back. I'm guessing for the same amount of money. However, he hasn't paid you anything to date. All correct?

    Who did? You did? Or he did?

    And...regardless of where the certificate of title is, the title is still in the seller's name, right?

    Who has possession of the car?

    I'm at a loss to understand why you think this wouldn't be legal.

    Sure...anyone can sue anyone for anything. This was an extremely poorly handled transaction, but I see no good reason why you wouldn't win if you can prove everything you wrote. However...

    Yup.
     
  6. I shouldnt even be here

    I shouldnt even be here Law Topic Starter New Member

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