Sold car, forgot to sign title, buyer wants refund

[Dakloog]

Jurisdiction

Illinois

OK,

So I sold my car about a week ago. The buyer checked it out, had me start it, asked a few questions and bought it. The car is not the nicest and I only sold it for $420. Before the sale, I did a quick look over of the sections I'd need to sign and ended up missing the transfer of ownership section. The buyer contacted me a few says ago asking to meet so I can sign it, and I agreed. However, he has now asked for a refund of his money and says that because I didn't sign that section (I signed the back side, whatever that was for) that I still own the car and have to pay him back. My question is, because he agreed to buy it verbally, and the money has already been deposited, do I legally have to take back the car? I'm more than happy to sign the title so he can get it registered but really don't want to take it back. Thanks for your help, and I will gladly answer any questions you may have.

Sincerely,

Drake

 

[army judge]

OK,

So I sold my car about a week ago. The buyer checked it out, had me start it, asked a few questions and bought it. The car is not the nicest and I only sold it for $420. Before the sale, I did a quick look over of the sections I'd need to sign and ended up missing the transfer of ownership section. The buyer contacted me a few says ago asking to meet so I can sign it, and I agreed. However, he has now asked for a refund of his money and says that because I didn't sign that section (I signed the back side, whatever that was for) that I still own the car and have to pay him back. My question is, because he agreed to buy it verbally, and the money has already been deposited, do I legally have to take back the car? I'm more than happy to sign the title so he can get it registered but really don't want to take it back. Thanks for your help, and I will gladly answer any questions you may have.

Sincerely,

Drake

Are you willing to fight over a lousy four hundred bucks?

If I were you, I'd give him back hus money, get the car, find another sucker, err, buyer.

If the money's gone, prepare for a small claims lawsuit.
I suspect he'll sue you, and a judge might order you to return him his loot.

If you do as I suggested, next time make sure you know what to do, other than collect the loot.

 

[Dakloog]

Thanks for the reply. So this guy does have ground to stand on? Can you explain how? Also, how are people whom sell vehicles without titles protected, assuming this in a way it fits.

 

[adjusterjack]

So this guy does have ground to stand on? Can you explain how?

Contract law is a bit complex but here's the answer. He has grounds because you failed to give him good title. Without good title his damages would be the price of the car (and maybe any additional expenses involved in the title issue).

However, in our American legal system an aggrieved party is required to mitigate damages (google it). How does he do that? In your case by allowing you to sign the title.

If he doesn't allow you to sign the title and he sues you, your defense is that you were willing to cure the defect in the sale and he refused to allow it. Judge allows you to sign the title, hand it back to him, and you both go home, he keeps the car, you keep the money.

If you don't mind the hassle of a lawsuit, feel free to say no to undoing the deal and that your only obligation in law is to sign the title.

If you want to avoid the hassle of a lawsuit (day in court, uncertainty, who knows what else), then you undo the deal, get the car back and find another buyer.

Also, how are people whom sell vehicles without titles protected, assuming this in a way it fits.

I see no reason to spend the time addressing that since it has no bearing on your situation.

 

[txls]

See what he says when you tell him the money is gone but you will gladly sign. It's doubtful that it would be worthwhile for him to sue you.

 

[Dakloog]

Thank you all for the replies, you have bee very helpful. I have again offered to sign the title and go our separate ways, and he has declined. He now claims the car has problems, of which to my knowledge were not present at the time of sale. He says I ripped him off and lied about knowing about the problems, which isn't true. He also says he will show up to my home with the authorities and demand the refund. Is there anything the police can do? It doesn't seem logical they would be able to show up and force me to honor the refund, especially if I no longer have the money. I am now very reluctant to give the refund as it has been 9 days since the time of sale. The buyer claims the car began having problems before he even left town. If this was true, he should have told me about it that day rather than wait so long. What options do I have here? Thanks again

 

[txls]

Used cars are sold as is. For $420.00 he should have expected problems. If the car has 4 tires, a decent battery and a little bit of gas then he got his money's worth. Ignore his threats. If for some reason the police are really bored that day and decide to go to your house the most they can do is make sure you sign the title. The only issue he really has is that you need to sign the title and you've expressed willingness to do so.

 

[adjusterjack]

What options do I have here?

You don't need any options, other than to quit talking to him. He's a whiner and blowing hot air.

I agree with TXLS. The police aren't likely to get involved and if they do, just keep offering to sign the title and don't talk about anything else.