Craigslist car trade advice?

[FinkenS14]

Denver, Colorado

OK so I hit this guy up on craigslist that had a car he wanted to sell/trade. I asked him if he wud be interested in trading for a car that I had. Well I go to this guys house last night and he decides he wants to keep the rims that are on his car and put them on mine. Im fine with this. So we swap rims and everything bolts up. same lug pattern. Come to find out just like me he had bought the car about a month ago and we both had open titles from the previous owners. So we just swapped titles and went on our merry way. So this morning the guy texts me says the tires rub the struts on the car I gave him and that he wants his car back or hes calling the cops. Now from just common sense this is a final deal. There is no paperwork with either of our names printed or signed and I really cant give him his car back now because I already signed the title to the car that he gave me. Hes also telling me the car is having mechanical issues that NEVER came up when I owned the car. So I just need advice. Can this guy actually take legal action or since there is positively no record of the "trade" hes gotta deal with it right?

 

[justalayman]

So, you are both guilty of title jumping? Is that what you are saying?

title jumping results in tax evasion so, you want to call the police and report both of your tax evasion scheme? Is that what you are saying here?

 

[FinkenS14]

not me, the other tool. Im keeping the car, trade is final, he checked out the car before he gave me the keys and title to his.

 

[Cali408nia]

The guy can file a report with the police with his version of the events. He would have to tell a different story than yours to make the police try to get his old car back. If he admits to trading it, then they won't do anything.

Next time take the initiative to write up some paperwork and have both of you sign it. Your logic is twisted, since there's no record of the trade, that leaves other possibilities open. If there was record of the trade, then there would be no doubt that the transaction was completed as you say if the police were to look into the matter.

 

[justalayman]

I disagree.

What are you going to do if the cops do come a calling? You going to say; nope, I never had possession of that car he as and he never had possession of the car I have here?


Unless you do, you have to admit to the transaction. I would be cautious admitting to criminal activity. I can't say I have ever heard of anyone being arrested for tax evasion at that level but it is still illegal.

I doubt the cops will be overly concerned with the issue but he does have a reasonable case to go to a civil court with. Per Colorado law you have to have the car titled in your name to be able to transfer it to another party. Since the car was never in your name, legally you cannot sell it. That gives justification to seek a rescission.

Now if the court says: you are both equally responsible for the situation as you both broke the same law in this deal and as such are going to allow the deal to stand; I have no idea but the fact remains; the court can rescind the deal.