sold a shared car, buyer wont pay and broke the car.

[plysundance]

Jurisdiction

New York

my grandma and i both share a car so she agreed to sell it and get something better, my coworker wanted something cheap. i sold the old 1998 vw jetta for $400, that's it "as-is" and i told her every detail i could think of, with my grandma and the buyers friends standing right there. she signed an iou and i gave her the title in good faith. she quit the job and only paid $200. now she wants to return the car because its not working and she has no job. she is insisting the car's brakes are shot but they were fine when i gave the car to her...i want to go to small claims court but 1 would my grandma have to file it or me? the iou is to me but it was grandmas car.
and 2 would it be worth it? its $200 so would small claims court be more? if i win would she have to pay for the court fees? it's been a couple months now too so would that be factored in as well? please help. thank you for any advice in advance.

 

[Highwayman]

Why would you give someone a car for an IOU??? That's just plain dumb.

What does sharing a car mean? Are you both listed on the title?

All private party vehicle sales in NY (andmost states) are "as is" by default, so the buyer has no recourse and cannot demand you take the car back.

If I was you I would forget about the $200. It will cost more in court fees, time, and aggravation.

It's a $200 lesson on how not to be stupid in the future.

 

[plysundance]

Why would you give someone a car for an IOU??? That's just plain dumb.

What does sharing a car mean? Are you both listed on the title?

All private party vehicle sales in NY (andmost states) are "as is" by default, so the buyer has no recourse and cannot demand you take the car back.

If I was you I would forget about the $200. It will cost more in court fees, time, and aggravation.

It's a $200 lesson on how not to be stupid in the future.

wow thanks for calling me dumb. i made an honest mistake and was looking for real advice. my name wasnt on the title.

 

[army judge]

wow thanks for calling me dumb. i made an honest mistake and was looking for real advice. my name wasnt on the title.

Your name NOT being on the title, means you shouldn't have sold a car belonging to another person.

If you're a minor, that creates another problem with this transaction.

What you did is create a mess.

If the so called buyer wrecks the car, kills a mom and a her baby, while the driver is high on crack, your grandmother will get sued.

Why?

She owns the car.

I could go on, but I think you see why you need to give the person back her money, tear up the useless IOU, and give the car back to granny.

 

[mightymoose]

It simply isn't worth pursuing over $200. You already know the buyer has no money, so what is the point of suing?
I suggest you suck up the loss and mive on. Forget about it. The car isn't your problem anymore.

 

[army judge]

Private used car sale in NY

To transfer ownership


The seller must either

complete and sign the transfer ownership section of the title certificate, and
sign a bill of sale (even if it is a gift)
or

provide other acceptable proofs of ownership and transfer of ownership
The buyer must

sign the bill of sale (even if it is a gift)
pay sales tax or have proof of an exemption
register and title the vehicle or trailer (or snowmobile, boat, moped or ATV) or transfer a registration from another vehicle they own to their new vehicle


Proof of ownership

The proofs of ownership needed to register and title a vehicle in New York are different for different types of vehicles (for example, cars, trailers, boats, snowmobiles, manufactured homes).

Acceptable proofs ownership
Deceased owner
Proof of ownership at purchase
Proof of ownership is not available

You must register the vehicle at a DMV office

See information for how to register a vehicle you bought (or received as a gift).

Register and title a vehicle or trailer
Register a snowmobile, boat or ATV
Transfer a registration to another vehicle you own

Buy or sell a vehicle (transfer ownership)

If you failed to do that as described above, you also failed to properly sell the car, which you were legally unable to sell anyway as a minor.

Notice, the state of NY wants sales tax on the $400 that should have passed between the seller and the buyer.

Plus the buyer has several thats that must be done to complete the sale, beyond paying the seller.

 

[mightymoose]

Where are you getting that this is a minor?

Minor or not, if grandma gave permission to sell the car there is nothing wrong with that. Grandma remains responsible for getting things done right though.

 

[Highwayman]

wow thanks for calling me dumb. i made an honest mistake and was looking for real advice. my name wasnt on the title.

You're welcome. The truth hurts sometimes. Learn a lesson from it.

Your grandmother is not a bank, she shouldn't be lending money to a seller or financing a car sale. If someone doesn't have cash-in-hand then they do not get the title signed over to them. Simple.

 

[zddoodah]

she signed an iou and i gave her the title in good faith.

You gave someone title to a car in exchange for an IOU?? Seriously? What exactly does this "IOU" say?

I'll assume for now that, since your grandmother was physically present for the transaction that she signed over the title to the buyer. Correct?

i want to go to small claims court but 1 would my grandma have to file it or me?

I'm not sure. You started by telling us that you and your grandmother "shared" the car, but then you told us that "it was [her] car." If, in fact, it was her car, then she'd have to be the plaintiff in any lawsuit since you apparently were merely her agent in connection with the sale transaction.

would it be worth it? its $200 so would small claims court be more?

I don't understand what the second question means. As far as whether it's worth the time, effort, and expense to sue over $200, that's your and your grandmother's decision to make.

if i win would she have to pay for the court fees?

If your grandmother wins, she'll get a judgment that will include the filing fee and any costs incurred to serve the small claims complaint on the defendant. Keep in mind that simply winning doesn't automatically translate into receiving $$. Many judgments go uncollected for a variety of reasons.

it's been a couple months now too so would that be factored in as well?

I don't really understand the question, but I think the answer is no.

 

[adjusterjack]

wow thanks for calling me dumb.

I'm selling my car. Yesterday a man came to look at it. He was enthusiastic and was OK with the price. Then he ask me if I could take payments. I said "No, I'm not a bank." He left.

See how EASY that was.

i made an honest mistake

Life lesson from the school of hard knocks.

 

[Highwayman]

If your grandmother wins, she'll get a judgment that will include the filing fee and any costs incurred to serve the small claims complaint on the defendant.

Not so in New York. It's certainly not automatic and would have to be something included in the claim. Then it's up to the judge.