sold used boat - buyer cancelled check

[sjsommer]

What is the name of your state? WI

I sold my boat to a private party and they wrote me a personal check. The day after they bought it, there was a problem with the starter so they stopped payment on the check they wrote me.

I have a signed boat title that says they took possession, and they still have the boat. Now they want me to split the cost of the repair ($100), send them the cancelled check, and upon receipt of their check, they want to write me a new check.

How do I collect my money for the boat?

 

[shortbus]

Any lawyer is going to have a hard time mustering sympathy for someone who sells a tangible item for something other than cash or certified funds.

Option A: Go meet the party. Give them the $100. Get a certified check in return.

Option B: small claims court for the full amount.

 

[djohnson]

duplicate post

I responded to the other before seeing this one, but I completely disagree. If you sold as-is, there is no reason for the above statement. My husband routinely buys things that he knows has problems at good deals because he like to fix things. There is no harm in selling this boat unless you gave them a guarantee. They had the option of checking it out for themselves. A stop payment check can be handled like a NSF. The reason for the stop payment is the reason why. If they had a problem with the sale, they should have handled better and if necessary filed suit. They can't cancel a payment after the deal was already struck.

 

[pammness]

I see the first replies reasoning

I don't think he is saying the guy needs to fix the boat, he's saying you should not accept a check for an item such as this, they have the boat, title and the money. Take them to small claims court..... Worst off is judge will have you pay for repair, but they still have to give you your money, and not by check.... don't you dare send them their check. If you want to work a deal , tell them you will take the price of the boat minus the 50 bucks (the half they want you to pay for repair) but you want it in cash , postal money order or cashiers check. NOt until you have your money do you hand them their check. Postal money order is a more safe then store ones can be, they're better protected from theft.
I wont take a check from my Brother..... just goes to show, you never know who you can and cant trust these days, my motto now, Trust noone !!!