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Backed out of a sale after damaging property

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k.ceren

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

I had a verbal agreement (with 2 witnesses) with a friend in regards to purchasing a vehicle. We agreed that he would make payment until the balance of $2000 was paid in full, and we was able to use the car while he made payments. He drove the car for several months without making a single payment as well as being late for the insurance several times. Because he was a friend and struggling with money, I gave him some extra time to start making payments but now he has informed me (after having the car towed back to my house not running with obvious signs of wear from his use) that he does not want to buy the car anymore. I told him that is fine but I expect him to pay for the damage he has done to the car in order to get it back to the same running condition it was in when he drove off with it the day the agreement was made. The repairs are for the transmission and the tires which were good when he took the car and are now completely bald.
It has come to the point where he will not return my calls or texts when I ask him to meet up to make some sort of payment towards repairs. He also still has the keys to the vehicle and is not making an effort to let me come get the keys. My question is, if I take him to small claims is there anything that can be done?
 


Just Blue

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

I had a verbal agreement (with 2 witnesses) with a friend in regards to purchasing a vehicle. We agreed that he would make payment until the balance of $2000 was paid in full, and we was able to use the car while he made payments. He drove the car for several months without making a single payment as well as being late for the insurance several times. Because he was a friend and struggling with money, I gave him some extra time to start making payments but now he has informed me (after having the car towed back to my house not running with obvious signs of wear from his use) that he does not want to buy the car anymore. I told him that is fine but I expect him to pay for the damage he has done to the car in order to get it back to the same running condition it was in when he drove off with it the day the agreement was made. The repairs are for the transmission and the tires which were good when he took the car and are now completely bald.
It has come to the point where he will not return my calls or texts when I ask him to meet up to make some sort of payment towards repairs. He also still has the keys to the vehicle and is not making an effort to let me come get the keys. My question is, if I take him to small claims is there anything that can be done?
IS this the same car as this thread :https://forum.freeadvice.com/small-claims-courts-24/sold-privately-but-other-party-refuses-pay-599307.html

Or do you just have bad luck?:confused:
 

latigo

Senior Member
Pardon me for sayings so, but allowing the guy to drive your vehicle was plain and simple lunacy!

How old are you not to know that as the registered owner of the motor vehicle that you had your "vicarious" neck out a mile! You are damn lucky that you got the car back before he killed someone.

If you want to take the guy to small claims seeking a judgment, fine. But you are going to be hampered with nothing on paper with his signature and you'll never see the money one way or the other.
 

Just Blue

Senior Member
Pardon me for sayings so, but allowing the guy to drive your vehicle was plain and simple lunacy!

How old are you not to know that as the registered owner of the motor vehicle that you had your "vicarious" neck out a mile! You are damn lucky that you got the car back before he killed someone.

If you want to take the guy to small claims seeking a judgment, fine. But you are going to be hampered with nothing on paper with his signature and you'll never see the money one way or the other.
Px Hx...:)
 

TigerD

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

I had a verbal agreement (with 2 witnesses) with a friend in regards to purchasing a vehicle. We agreed that he would make payment until the balance of $2000 was paid in full, and we was able to use the car while he made payments. He drove the car for several months without making a single payment as well as being late for the insurance several times. Because he was a friend and struggling with money, I gave him some extra time to start making payments but now he has informed me (after having the car towed back to my house not running with obvious signs of wear from his use) that he does not want to buy the car anymore. I told him that is fine but I expect him to pay for the damage he has done to the car in order to get it back to the same running condition it was in when he drove off with it the day the agreement was made. The repairs are for the transmission and the tires which were good when he took the car and are now completely bald.
It has come to the point where he will not return my calls or texts when I ask him to meet up to make some sort of payment towards repairs. He also still has the keys to the vehicle and is not making an effort to let me come get the keys. My question is, if I take him to small claims is there anything that can be done?
You didn't learn from the sale of the car stereo? Sorry. Consistently making poor choices in America is expensive. Perhaps you should work on that.

TD
 

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