Sold my truck and buyer is trying to stop payment

[htmedic]

What is the name of your state (only U.S. law)? oklahoma

I sold my truck off craigslist the ad clearly stated the truck had issues and what the issues were. The truck was running and in decent condition until.... Last night I sold my truck and the buyer looked it over and test drove it we also discussed the issues the diesel mechanic had stated was wrong with the truck. The buyer gives me a cashiers check for the price of the truck and I give him a signed bill of sale stating the truck was being sold as is and that buyer accepts all mechanical and legal responsibilities for said vehicle. The bill of sale was signed by myself the seller and the buyer I also provided the buyer with a copy of the signed bill of sale. This morning the buyer leaves me a voicemail stating he blew up the engine in the truck and that it didn't make it home and that we needed to work something out an that he had stopped payment on the cashiers check. I am wondering what legal responsibility I have to the buyer and if the buyer is able to stop payment for the price of the truck. On another note the title as free, clear, and notary signed however it was not in my name as I bought it and immidately decided it was not the truck for me and resold it. Don't know if that makes a difference just thought I'd throw it out there in case. I can provide as much info as possible just need to know where I stand in this new found drama. Thank you for any help you can give me.

 

[justalayman]

On another note the title as free, clear, and notary signed however it was not in my name as I bought it and immidately decided it was not the truck for me and resold it. Don't know if that makes a difference just thought I'd throw it out there in case.

Oh ya, that makes a huge difference. You committed a crime by not titling it in your name first. Tax evasion is a serious crime and that is the result of title jumping. It also means you did not hold legal title to the truck so he may be able to challenge the sale in court if it comes down to it.

 

[htmedic]

Dang... I was unaware of that.. Aside from this disappointing scary news. Is there anything I can do to avoid trouble on the title and this tax problem? As I am a very honest person and truly wasn't trying to avoid taxes or rip anyone off I just assumed it would be easier to leave title alone. Aside from the tax issue on title do I have any legal obligation to the buyer as far as the actual truck and him breaking it goes? and would I be able to counter sue the buyer for the damage he has done to the truck after he purchased it??

 

[justalayman]

well, he can argue you did not have the right to sell the vehicle since it was not titled to you.

You can't undo what has happened, unless you are simply willing to rescind the sale. Other than that, I suspect you will have to wait it out to see what the buyer does.


before anything goes any further;

you do have a bill of sale where you bought it from the person listed as owner on the title, right?

 

[htmedic]

Yes I have a bill of sale from the guy I bought the truck from so does this help me in any way?? Also the buyer keeps calling he has called me around 50 times today I don't know what to do so I have not been answering the phone.. Am I right in doin that or what am I supposed to do or how am I supposed to handle his calling every 2 mins???

 

[Banned_Princess]

Take the truck back.

 

[Banned_Princess]

Sorry, my edit button isnt working.

Take the truck back, junk it and take your loss.

 

[htmedic]

Take the truck back from the buyer?? Even though he claims he blew up the engine in it?? Then am I out the money for a new engine or would I have to sue him for the damages the buyer has done to my truck?? An does the bill of sale I have from the seller I purchased truck from not help me in anyway??

 

[Banned_Princess]

Look, that car wasn't officially yours to sell.

Sure, you can hold out, but this guy is NOT going away, and when he sues you, he is going to win his money back, and you are going to be without ALL. (including not getting the truck back.)

So, yes, take the truck back, avoid the tax evasion, and the title jumping.

htmedic
Take the truck back from the buyer?? Even though he claims he blew up the engine in it?? Then am I out the money for a new engine or would I have to sue him for the damages the buyer has done to my truck?? An does the bill of sale I have from the seller I purchased truck from not help me in anyway??

You dont need to be out anymore money then you are. you bought the truck as is, and then you sold it before you legally were allowed to.Take the truck back, and JUNK IT.

The bill of sale that you have does help you, it helps you show that it is yours. which it still is. just not eligible for sale yet.


Sure, sue him for breaking an engine that was going to break. then you can also be out filing fees.

 

[htmedic]

WOW!!! Not the response I was hoping for but I do appreciate everyones help in this matter. Thank you all again for your help.

 

[Banned_Princess]

WOW!!! Not the response I was hoping for but I do appreciate everyones help in this matter. Thank you all again for your help.

to be sure, call a local lawyer and dont leave out that this is not a car that is titled to you, yet.

Our advice is free, and usually spot on, but it wont hurt to verify.

 

[racer72]

Tell the guy you will take the truck back in the same condition in which is was sold, running. You didn't blow up the engine, he did.

 

[justalayman]

just a side note:


I do not believe he can actually stop payment on the check. It isn't his check. It is a check issued by the bank on their account. I believe the only reason the bank would refuse to pay on the check is if the person it was provided to claimed it was lost or stolen. If the check is returned, go directly to the bank that issued it and provide identification that you are the payee. They should release the funds at that time.

 

[xylene]

There is no way you could have legally conveyed this vehicle in a title transfer to the buyer who blew the engine.

You were committing tax fraud.

Don't sit on titles and flip vehicles

BTW the buyer was a dummy to not notice this was not your title, but it is still your fraud.

 

[htmedic]

to be sure, call a local lawyer and dont leave out that this is not a car that is titled to you, yet.

Our advice is free, and usually spot on, but it wont hurt to verify.

I plan on calling an attorney asap..