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Auto Contract/Sale

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W

webshari

Guest
Ok, so I know everyone says not to sell anything to family, but that's just what I did.

I wrote up a contract and had my cousins sign it for a vehicle that I was selling. WE agreed that he would make payments on the vehicle until it was paid off, that I would hold registration and title until such time as it was paid off, and it had an indemification clause for me in it also.

I sold the car for $800 less than it was worth because they needed a car. In the contract, there is a clause that states that when they sell the car (they only wanted for a year) I would get any amount over the amount they paid for it.

They promised me $800 as a downpayment but chose to pay The $125 payment instead - and it was three weeks late - using the contract as fuel. Now that the next payment is due a month and a half later, they are insisting that I take the car back because the timing belt broke (something I could not have foreseen, and is estimated to cost $200 to fix).

Because of their recent behavior regarding other things and this car, I do not trust that they will return the car in the shape it was given to them (save the belt). Do I have to take the car back or can I gain restitution in small claims court? And if I do take it to small claims court, can I get the amount that the car was worth because of the 'they will pay me the proceeds' clause?
:confused:

Oh yeah, this is in Washington State
 
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