Used Car Transaction

[eeday]

NC - SC
I replied to an internet ad for a vehicle. I drove from NC to SC and paid for the vehicle with cash, the buyer filled out a Bill of Sale and we had it notarized it at a bank. I left without the title because of time constraints and the seller assured me that he would forward the title to me. I have since found out that the title is being held by a finance company in SC and he has not paid them the money for them to release the title. After many unanswered phone messages inquiring about the status and trying to get resolution, the seller finally answered the phone and told me to return the vehicle to him for a refund. The seller is not being reasonable in that he refuses and I have reason to be afraid of him. What should I do? Should I take the time to go down to SC and file a complaint with the authorities?

 

[eeday]

Update on Used Car Transaction

Since my post, an attorney from SC called me to ask if I would be willing to return the truck for a refund because his client would be unable to procure the title. First, I told him that his client sold me a car and did not indicate that there was a lien holder on the notarized bill of sale, which is a crime in NC. Second, I told him I was not comfortable dealing with his client. I told him someone would have to arrange to come to NC to get the truck, bring me cash or certified funds for the purchase price, plus $100 I spent on detailing the truck and $100 for storing the truck. The attorney told me that he felt like that was reasonable and he would advise his client to do this and he would get back to me when he received the certified funds from his client. That was 10 days ago, and I call the attorney today and he has not returned my call. What is the law in SC on selling a car that has a lien on it. It sounds to me like the guy is not going to pay the finance company the money he owes them on a bundled loan. Should I attempt to negotiate with the finance company for the title?

 

[spawn_x]

negotiate? would you be comfortable with paying an additional amount for the car?

I say you sue the seller.

 

[eeday]

I see the Point Then

I would not want to pay an additional amount for the truck. However, if he defaults on the loan, I wonder what my position would be. And, would I need an attorney to sue the seller? Would the best thing to do is start with filing a complaint in SC with the magistrate?

Thanks for the response.

 

[spawn_x]

You COULD use a lawyer but I wouldn't because IMO its something I'll be able to do myself just fine... The facts are layed out and you're suing him for the amount that you bought your car for + the money you invested into it because it is being taken back.