General Chat Can the buyer return a used car?? [Archive] - IMPORTATLANTA.COM - Automotive, Lifestyle, Offtopic, Forum, Blog, & Online Community

G.C

08-26-2010, 06:50 PM

Well i sold my car a weeks ago and everything went good. Buyer signed his finance papers and the bank told me they will send the check. Now a week later, i get a call from the buyer saying the window is having problem and the cd player is not working..........Well im not sure if the cd player was working or not cause i used mp3/auxillery all the time, so i can't say anything on that but the window was working perfectly fine.........I was kind enough to tell the guy i will pay for the window which he probably broke and the headunit cause im not sure if it was working or not. I feel like he should have checked it before hand but its whatever he doesn't want to accept it. He's saying i scammed him and he's going to call his bank to drop the check......

Can he really do that? i'm not sure if my bank got the check or not yet so if it didn't.......it means im going to get no money and he has my car. Which i don't know what he is doing in it right now.

I have a bill of sale stating the car is sold AS IS and is notarized. It states that the vehicle is sold as is and if for some reason i don't receive the money from the bank for any reason, the vehicle will be returned to me...

I just called my bank and they told me i still have balance on the car so i guess the buyer's bank didn't send them the check yet.......

-EnVus-

08-26-2010, 07:02 PM

AS IS MEANS AS IS.....If his bank does stop the payment id sue him.

G.C

08-26-2010, 07:10 PM

That's exactly what i was thinking too. I mean he liked the car at spot, he test drove it, tested everything out and he liked it. Now he wants to cry about the cd player and the window when the window was working perfectly fine.
I'm just worried about the money issue, i signed all the papers with him at the bank and the banker told me the check will be sent.........but i just called my bank and its not paid off yet....

Can the buyer's bank legally stop the check if the buyer tells them to because of issue with car a week later??

I'm never going to sell car unless its cash or cashiers check from now on....too much of a hassle dealing with all these paper work.

I really don't want the car back...He drove it for a week, probably fucked couple of prostitutes , put miles on it, probably raced in it.

-EnVus-

08-26-2010, 07:15 PM

That's exactly what i was thinking too. I mean he liked the car at spot, he test drove it, tested everything out and he liked it. Now he wants to cry about the cd player and the window when the window was working perfectly fine.
I'm just worried about the money issue, i signed all the papers with him at the bank and the banker told me the check will be sent.........but i just called my bank and its not paid off yet....

I'm never going to sell car unless its cash or cashiers check from now on....too much of a hassle dealing with all these paper work.

Yeah id never take any kind of payment for anything beside cold hard cash lol
Yeah if his bank is smart and don't wanna be pulled into a law suit also they will tell him to late or we can't.
This is why a lot of people will bring a mechanic to make sure things are ok cause you are not a dealer.
You have no legal right to offer any kind of warranty or future promise of nothing to stop working.
He should have done like i do look the car over with a fine tooth comb with in mind its not a bran NEW car.

MachNU

08-26-2010, 07:17 PM

with a notarized bill of sale you are fine. He signed and thats a wrap. he drops the check you take his ass to court.

G.C

08-26-2010, 07:18 PM

Ok thanks man. I will tell the buyer to fuck off then. He's saying he will be at my house tomorrow and leave the car...lol

I was kind of enough to offer him the money to fix it, cause i do feel bad about this kind of stuff....but its whatever now. calling me a scammer when i truly didn't know shit about it.

G.C

08-26-2010, 07:20 PM

with a notarized bill of sale you are fine. He signed and thats a wrap. he drops the check you take his ass to court.

yeah. but on bill of sale it says "If for some reason i don't receive the money from the bank the car will be returned to me". If the bank drops the check then the car will be returned to me right..? fuck man i shouldn't have put that crap on there, but i wanted to make sure i got the money.

-EnVus-

08-26-2010, 07:21 PM

yeah. but on bill of sale it says "If for some reason i don't receive the money from the bank the car will be returned to me". If the bank drops the check then the car will be returned to me right..? fuck man i shouldn't have put that crap on there, but i wanted to make sure i got the money.
Didnt the bank sign something saying they would give payment though ?
If so then they can't break a legal document.

G.C

08-26-2010, 07:30 PM

Yeah i did all the paper work and the buyer did too. Bank confirmed everything was ok and the check will be sent. but now he is saying he will tell the bank to drop the check.

-EnVus-

08-26-2010, 07:32 PM

Yeah i did all the paper work and the buyer did too. Bank confirmed everything was ok and the check will be sent. but now he is saying he will tell the bank to drop the check.

Id contact him and threaten to call your lawyer see what he would do then.

Browning151

08-26-2010, 07:34 PM

It states that the vehicle is sold as is and if for some reason i don't receive the money from the bank for any reason, the vehicle will be returned to me...

You may have left him a loophole with that sentence, but it will still be hard for him to argue since it was sold as is. If you did end up going to court I would try to argue that clause was added so that if for some reason he didn't qualify for his financing the car would be returned, not for an issue with the physical condition of the car, as it clearly states sold as is. I always put in my bill of sale: as is, no warranty is expressed, written or implied. Just to assure that I don't have any issues.

G.C

08-26-2010, 07:39 PM

well i just sent him a message. Saying the sale is "AS IS" and if you do somehow manage to drop the check, it will be illegal and i will file a law suit against him. thanks guys. This is the bill of sale btw.

j0nbunklah0m

08-26-2010, 07:40 PM

lol this guy jus tryin to go for a joy ride and return the car. Let him drop off the car then sue him lolol double win jk

G.C

08-26-2010, 07:40 PM

You may have left him a loophole with that sentence, but it will still be hard for him to argue since it was sold as is. If you did end up going to court I would try to argue that clause was added so that if for some reason he didn't qualify for his financing the car would be returned, not for an issue with the physical condition of the car, as it clearly states sold as is. I always put in my bill of sale: as is, no warranty is expressed, written or implied. Just to assure that I don't have any issues.

Yeah that's what i was afraid of too.........

MachNU

08-26-2010, 08:12 PM

G.C

08-26-2010, 08:14 PM

Yeah man thats a pretty poorly expressed bill of sale.

This is what I took from a legal website and have on all my bill of sales!

"I, the undersigned seller, do sell the above-described vehicle to the buyer for the amount shown
and certify that all of the information provided in this Bill of Sale is true and accurate to the
best of my knowledge.

I, the undersigned buyer, acknowledge receipt of this Bill of Sale and understand there is no
guarantee or warranty, expressed or implied, with respect to the above-described property. It is
also understood that the above-stated vehicle is sold in "as is" condition."

i'll use that from now on. thanks.

i'll let you guys know how things turn out. i am not going to accept the car without a fight. I am going to demand them to send me the money immediately and if they don't want to, i guess i will have to hire a attorney and take it to court.....dammit.

-EnVus-

08-26-2010, 08:21 PM

I just usually get the Bill of sale from the DMV website i know its legit if its from them lol

keevo54

08-26-2010, 08:38 PM

Yea your bill of sale sucks lol. Call the bank and asked why the check hasnt been issued yet or where it is at.

Got Milk?

08-27-2010, 12:33 AM

If the check doesn't come through, get a lawyer and take him to court. Also make him pay for all your expenses for lawyer etc...

David88vert

08-27-2010, 07:14 AM

Your bill of sale in GA should always be a GA T-7 form from the DMV.
http://motor.etax.dor.ga.gov/forms/pdf/motor/MV_Bill_of_Sale_Form_Form_T7.pdf

sirkus

08-27-2010, 07:18 AM

If he purchased the car through a bank with a loan. It is his. He will not be able to stop payment on that check. You can not stop payment on a check issued by a lender after you've received the property and signed the loan. He and the bank would both be liable to get sued by the seller. You have signed and sealed that it is AS IS. Then he can not return the car for petty shit.

About 2 years ago I sold my Mazda 6 for 15k. The kid purchased it from me with a loan from his credit union. It was a week until the loan balance turned to $0.00. Hell.. I refinanced my Nissan Cube to my current bank and it was around 2 weeks for the old lender to clear my check from the bank. I think when you get a payoff amount they give you the 10-day payoff.. which will give them a few days to mess around with the check.

If all else fails... Sue him for damages to your car.. then sell it again.

AlliRae

08-27-2010, 07:25 AM

What do all your other documents say? I mean if you really want to get techinical about it all I guess one of your other forms could contradict your Bill of sale... but right now, it looks like your stuck getting that car back.

If you want to be an punk about it... maybe you could charge him with some form of theft i guess... idk... taking the car for a week with the intent not to pay and to return in... sounds a bit... shady

redciv1

08-27-2010, 09:00 AM

Brought back a car over a CD player and window...come on now.

G.C

08-27-2010, 10:00 AM

I don't know where this is heading now. I was able to contact the bank's agent through email, since she didn't want to pick up her phone but this is the conversation. Looks like they will pay, but i don't know why she wants me to contact the buyer. i am tired of his shit already.

*************************
Hi Ms.XXXX

I checked with my bank this morning and the car is not paid off yet.

What is going on? Please let me know when you are going to send the check to them.
Thank you.
**************************
Response from ms.XXXX: I am sending it overnight today and they will have it on Monday. I had to call to verify the payoff amount and get the overnight address

***************************

Me: I just wanted to make sure that you are going to send the sum of ( XX,XXX$ USD ) to state farm bank. Thank you.

***********************************

Response from Ms.XXXX: YOU NEED TO SPEAK TO XXXX ( The buyer)

*************************************

Me: What do you mean?

That car was sold in amount of $XX,XXX( XXX was pain in cash) and $XX,XXX was financed by Ryan from your bank a week ago. It is not my responsibility to call him now, we both signed the papers. I am tired of waiting for the money, it has been a week.

G.C

08-27-2010, 10:06 AM

They told me to talk with XXXX, right after that guy texts me saying that he is going to drop the check. hope all goes well.

G.C

08-27-2010, 10:11 AM

These were the papers i signed. I think there was one more paper. bill of sale paper.

G.C

08-27-2010, 10:58 AM

lmfao the guy messged me again talking about the bill of sale.

saying he doesn't have to buy it because it says for any reason, the vehicle will be returned to the original owner on the bill of sale....

G.C

08-27-2010, 11:08 AM

Brought back a car over a CD player and window...come on now.

Exactly what i'm saying. He probably did something to it, and he doesn't want it anymore cause it's messed up. I don't even want the car back that who knows what he did in. I'm pretty sure he's going to do something to it too, since he's pretty pissed off that i'm not going to accept the return.

-EnVus-

08-27-2010, 02:32 PM

Call a lawyer this guy just sounds like trouble..

G.C

08-28-2010, 01:36 AM

lmfao. turns out the guy came to my house while i'm at work and tried to make my family member sign some paper. what a fucking idiot, he left the car in front of my house too after my family member threatened to call the cops... i guess he thinks its all good now...lmfao! sure enough the window is not working properly like it was when i sold the car and the cd player....

anyone know any good lawyer?

ItsBlack

08-28-2010, 04:21 AM

I'm subscribing to this thread to see what the end result will be. If he did purposely does something to the car to "get back at you," I can only imagine his face when he finds out he is forced to keep the car lol.

G.C

08-28-2010, 10:03 AM

i got in contact with credit union and they told me they are not going to send the check because the loan was never made so the guy can cancel it anytime......

B18c1Turboed

08-28-2010, 10:31 AM

WOW! I would file a lawsuit ASAP. Keep the copy of paper work and emails you got from the bank.Looking at the 2nd document you posted, they released you from the loan. And you signed over ownership too the bank already. And he took possesion of the car.
But you gave him a loophole by putting, if payment isnt recived for any reason. They could use that against you since u never recived the payment.

Make sure you keep the texts, with him stating he is returning the car due to radio and window. That would fall under the AS IS, part of the sale.