Private Car Sale

[Mieah]

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

Hello!

I'm sorry if I'm posting this question under the wrong section, but I hope someone can help. =)

In April my mother attempted to buy a car from one of her friends. She paid $3400 for a PT Cruiser and did receive a written receipt for the car. However she still has not received the vehicle, and is still in contact with the person in question. Has his phone number, knows where he lives, everything. He just won't give her the car and keeps promising that he will.

Is there anything we are able to do about this? We have started to file a civil suit but I would like to see if there is any other action that I can take. Would this fall under grand theft since it is a vehicle and over $400?

 

[racer72]

It is strictly a civil, not a criminal case. Your mother should sue for the return of her money.

 

[Mieah]

My mother is in the process of filing for a civil law suit. We were hoping there is more that we could do though because we have found out since this started he has multiple law suits against him for the same thing.

 

[CdwJava]

Was this a Craigslist or eBay thing? Does the guy live out of state? Did she ever put her hands or eyes on the vehicle itself? (Not just a picteure)

If the state can show that the seller entered into the deal with the intent never to deliver the merchandise, then a case for fraud can probably be made. If, however, he actually has the car and has just dropped the ball at his end, then it is civil.

If he is out of state you can pretty much expect the police to do little more than listen to her complaint and take a report. If he lives in the area, then they may actually investigate it for fraud.

 

[Mieah]

He is in state and local. He was a friend, he told my mom that he did this for a living and if she gave him the money he would give her a PT Cruiser. She has never seen the car in picture or person, and he keeps telling her he will get her a car. He has been saying that for 6 months. Today I talked to him and he told me the reason she doesn't have the car yet is because the person who owned it before him had the registration suspended and he has to pay 400 and something dollars in fees and get all the paper work sorted out so it will take another week or two.

He has been doing this the entire time. Its to the point that because my mother and I have to share a car neither my husband or my mom can take overtime and we are suffering for it.

 

[CdwJava]

He is in state and local. He was a friend, he told my mom that he did this for a living and if she gave him the money he would give her a PT Cruiser. She has never seen the car in picture or person, and he keeps telling her he will get her a car. He has been saying that for 6 months. Today I talked to him and he told me the reason she doesn't have the car yet is because the person who owned it before him had the registration suspended and he has to pay 400 and something dollars in fees and get all the paper work sorted out so it will take another week or two.

He has been doing this the entire time. Its to the point that because my mother and I have to share a car neither my husband or my mom can take overtime and we are suffering for it.

This sounds like a civil issue. Mom should probably go ahead with the small claims suit for her money back.

 

[Mieah]

Okay, thank you all for the advice. =)

We are going to continue with the claim and next time we speak to him ask for the VIN and plate number. If he doesn't provide those I think we will contact the authorities to investigate it as fraud.

 

[CdwJava]

Okay, thank you all for the advice. =)

We are going to continue with the claim and next time we speak to him ask for the VIN and plate number. If he doesn't provide those I think we will contact the authorities to investigate it as fraud.

It won't hurt to contact the police, but don't count on their being much help. I suspect they will write this off as a civil dispute without delving too much into the matter. At most, they might call him up and ask for the license plate number so they can run it up to verify a car exists ... maybe. For them to pursue a fraud case, they would have to show that he intended to rip you off from the start.

 

[Mieah]

It won't hurt to contact the police, but don't count on their being much help. I suspect they will write this off as a civil dispute without delving too much into the matter. At most, they might call him up and ask for the license plate number so they can run it up to verify a car exists ... maybe. For them to pursue a fraud case, they would have to show that he intended to rip you off from the start.

We think we can scrounge up the evidence we would need. He has multiple civil law suits against him right now, and many more that were won by the defendants for the same thing that my mom is going through right now.

So, we could use the previous cases as a show of intent.

 

[CdwJava]

We think we can scrounge up the evidence we would need. He has multiple civil law suits against him right now, and many more that were won by the defendants for the same thing that my mom is going through right now.

So, we could use the previous cases as a show of intent.

Like I said, you can report it but that is no guarantee that they can make a criminal case.

If mom wants staisfaction she should also consider going to small claims court.

 

[Kiawah]

So there is not a specific car (year, make, model, VIN#, date, amount) that she inspected and agreed to purchase and signed the paperwork on.

She placed some sort of 'order' for a vehicle, and he's going to go off and find her a PT cruiser.