private car sale trouble

**BlackLightning** · 06-16-2008, 05:16 PM

this is long so bare with me here.

Here is the situation I am just looking for advice on. I put my 1995 Turbocharged cavalier on ebay for sale. It sold and I exchanged emails with the guy and made a date for when it would be picked up. He lives 6hrs away and I told him I would recommend a trailer as the car has never been driven further then 50miles that I just drove it to and from work once and a while.

So the guy comes with no trailer and I told him again I would have brought a trailer and the car has never been driven 6hrs 300miles. He looks everything over and says ok I'll take it. So he signs a bill of sale that I printed out stating it was being bought as is and then I made a copy of the title he signed. Then I go and deposit the cashiers check the next morning. Today 3 days later I get a call saying the car broke down half way home and it had to be towed and they aren't willing to pay for it and will be putting a stop payment on the check and that I should come get my car and to call him.

So what the hell am I supposed to do? The bank says it takes 3-4 days to process the check so if there is a stop payment I assume my only course of action is to sue? So I call and tell the guy the car was sold as is, that he signed papers stating that and that I will not pick the car up and if a stop payment is put on the check I will have to sue. there was nothing wrong with the car when he picked it up and he has had it for 3 days. He claims he drove a steady 55mph the whole way home and there is no reason it shouldn't have made the trip. I again said I told you numerous times in email and in person that I would trailer it and then I got put on hold a few minutes and then he said I will call you back to see if we are going to sue or not. It sounded like he was talking to some guy in the background.

sorry so long. I am so pissed off right now about this

**Yooformula** · 06-16-2008, 05:22 PM

if he signed a bill of sale stating no warranty and sold as is then its on him. If he stops payment, I would sue him. hopefully the check clears before he can stop payment.

**pOrk** · 06-16-2008, 05:23 PM

Your shit out of luck if he stops payment before it clears.

Will be an easy lawsuit to win, but its going to suck to deal with all that mess. Keep all the emails, print them up unchanged and contact small claims court if you sold it for less then 5 grand ( I think ).

Good luck, this is the reason why I ONLY take cash now for auto sales.

**Yooformula** · 06-16-2008, 05:25 PM

good point about cash for auto sales OR a postal money order.

**4eyedstang** · 06-16-2008, 05:26 PM

sue him your will win for sure you may have to file in his county tho and bring some $$$ i think its $50 to file in small claims unless it over 5k. people like that piss me off

**HRSEPLA** · 06-16-2008, 05:26 PM

Cash and carry, expecially if it can't make a 3 hour tour.

**SpdRcrZ** · 06-16-2008, 05:26 PM

DAMN!!!! What a POS guy! Try and stall him till the check clears. He signed saying it was bought "as is" and was warned to trailer it. He signed the title taking ownership, its his problem.

Hope it all works out for you GP!

**BlackLightning** · 06-16-2008, 05:32 PM

The guy lives in Indiana. Would I have to file down there or would I file here to sue? It was under 5k total price. I knew I should have demanded cash but figured a cashiers check would be safe as well. I guess I was wrong.

**brownc00** · 06-16-2008, 05:38 PM

I wouldn't sweat it. It's pretty hard, if not impossible to stop payment on a cashier's check. They can be cancelled if they are reported lost or stolen, or if the bank finds the check itself to be fradulent. Dudeman will go to the bank and find this out and give up. At most he'll e-mail/call you and *****, but there's not much else he can do.

**Windsors 03 Cobra** · 06-16-2008, 05:40 PM

Originally Posted by brownc00

I wouldn't sweat it. It's pretty hard, if not impossible to stop payment on a cashier's check. Dudeman will go to the bank and find this out and give up. At most he'll e-mail/call you and *****, but there's not much else he can do.

I hope so for the sellers sake, WHAT A PITA.

**BlackLightning** · 06-16-2008, 05:42 PM

My bank said he could put a stop payment on it and that I would have to sue to get the money back. So basically he would have the car and the cash and who knows what's been done to the car since friday. I am hoping for the best and will call Wednesday to see if the check has gone through or not yet.

**Car Guy** · 06-16-2008, 05:44 PM

Yeah, it's really sad but now a days cash is the ONLY way you can guarantee a sale that won't come back to bite you. Unless you wait for the check to cash and make sure the $$$ is in your account before doing the transaction.....

With that said I'm almost positive that you will have to file a claim here in Milwaukee, but I could be wrong. I just went through something like that and the buyer was from New York, he had to file a claim in small claims court here in Milwaukee.....

How much $$$ did you sell it for...???

**brownc00** · 06-16-2008, 05:44 PM

Originally Posted by BlackLightning

My bank said he could put a stop payment on it and that I would have to sue to get the money back. So basically he would have the car and the cash and who knows what's been done to the car since friday. I am hoping for the best and will call Wednesday to see if the check has gone through or not yet.

If he does that, report the car stolen. That will surprise him!

**pOrk** · 06-16-2008, 05:48 PM

You could always run the check to a check cashing joint, pay the big bucks but you have the cash and they have to chase the guy down to sue. It might work?

**Car Guy** · 06-16-2008, 05:50 PM

Originally Posted by brownc00

If he does that, report the car stolen. That will surprise him!

I never thought of that but technically the car IS stolen because he broke the contract which is the bill of sale.....

**BlackLightning** · 06-16-2008, 05:53 PM

Originally Posted by Car Guy

How much $$$ did you sell it for...???

$4050.00

**Yooformula** · 06-16-2008, 05:53 PM

umm but he has a SIGNED title, I am not sure if he can still claim it was stolen.

**BlackLightning** · 06-16-2008, 05:54 PM

Originally Posted by brownc00

I wouldn't sweat it. It's pretty hard, if not impossible to stop payment on a cashier's check. They can be cancelled if they are reported lost or stolen, or if the bank finds the check itself to be fradulent. Dudeman will go to the bank and find this out and give up. At most he'll e-mail/call you and *****, but there's not much else he can do.

I think you are on to something. I did some googling after you posted and came up with these two links.

http://www.bankersonline.com/complia...mp120202i.html
http://www.bankersonline.com/operati...op072103d.html

So I am thinking he called and they wouldn't cancel the check which is why when the phone conversation ended he said I will call you back if we are going to sue. I can only hope

**tommyt5078** · 06-16-2008, 06:02 PM

Originally Posted by BlackLightning

I think you are on to something. I did some googling after you posted and came up with these two links.

http://www.bankersonline.com/complia...mp120202i.html
http://www.bankersonline.com/operati...op072103d.html

So I am thinking he called and they wouldn't cancel the check which is why when the phone conversation ended he said I will call you back if we are going to sue. I can only hope

From my understanding brown is correct since it's a cashier check, if it were a normal check then he would be able to stop payment. You shouldn't have any troubles if the cashier check is legit!!!!!

**GTSLOW** · 06-16-2008, 06:04 PM

^^ I hope you guys are right. Sucks to hear about idiots like this.

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