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sabraham

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

so i will try to keep this story as short as possible, so at the end of last month i was looking for a car. it was the last day before my mom had to take back the rental so it was do or die, i decided to go an hour away form where i live since theres more selection. i was such in a haste that i bought the car before the notary closed, and did not test drive it. he was working on it at the time so i wasnt able to drive it before i could transfer the title.

so make a long story short, the man who sold me the car has 500 dollars that i had as a deposit and i have the title. i had to wait wait for the title in the mail so he would feel ok giving me back the money. the day i get the title, he tells me that he doesnt have the 500 because he spent it on parts. so its almost a month later and now it seems like im waiting for him to sell the car to get my money back.

i have a contract that states he would give me back my 500 after i give him the title, but theres no deadline on it. so i want to know what im legally allowed to do, i was just going to have someone look at the car and just pay me 500 to transfer the title into their name, and then make arrangements with the person whos selling the car
 


OHRoadwarrior

Senior Member
I'm confused also. You bought a car by making a deposit, not paying for it, yet you want to keep the car, title and get the deposit back, without paying for it at all?
 

sabraham

Junior Member
I'm confused also. You bought a car by making a deposit, not paying for it, yet you want to keep the car, title and get the deposit back, without paying for it at all?
i bought the car but i do not want it. i originally payed more than the 500, but i was given most of my money back. the 500 was just money he was going to hold on to once he got the title back since it generally takes a week to come int he mail. i dont want the car, all i would like back is my 500 dollars so i can just move on with my life. and yes the title is in my name
 

OHRoadwarrior

Senior Member
i bought the car but i do not want it. i originally payed more than the 500, but i was given most of my money back. the 500 was just money he was going to hold on to once he got the title back since it generally takes a week to come int he mail. i dont want the car, all i would like back is my 500 dollars so i can just move on with my life. and yes the title is in my name
Once you buy the car, absent a warranty, the purchase is regarded to be AS-IS, as long as related state laws are followed. The question then becomes is this contract enforceable. If it is, you can take him to small claims court. On the reverse side, if it is not, he will be out any more money for the car unless you signed a finance or other payment agreement.
 

justalayman

Senior Member
actually, since you have a signed agreement that he will rescind the sale, you have a good position to sue him if he refuses to comply. While that will only get you a judgment which you will still have to collect on, it does put you in a good position to take other action to collect the money.


A filing of a suit might also get him to find the money somewhere to avoid having a judgment on his credit record.

If you attempt to transfer the car to another party, all bets are off. I would suspect that at that time he would come after you for the rest of the sale price. I would keep this between you and him.
 

sabraham

Junior Member
well the contract basically states that i would get my 500 back when i return the title, pretty cut and dry. he's never said that he wouldnt comply, which i dont see why he would unless he just wants to sell the car without the title (for parts). but i dont really trust him at this point, especially with him spending the 500 when the money was not his to spend.

i wouldnt be selling the car without cooperation form him, so he would not have a case to come with me for the money if someone else doesnt want to pay the rest for the car. i told him he has until this saturday, whether he sells the car or not.
 

justalayman

Senior Member
well, so far you have not delivered to title to him so he is not obligated to pay you. Once you deliver the title to him, he owes you the money. So, sign over the title to him and give it to him. If he fails to give you the $500, then you can sue him if you so choose.
 

BL

Senior Member
Why not tell him you'll meet ,he hands over the money ,you sign the title and you each walk away ?
 

sabraham

Junior Member
Why not tell him you'll meet ,he hands over the money ,you sign the title and you each walk away ?
i wouldve loved to do this the day i got the title in the mail, but he spent the money that i gave him. so he doesnt want to give me 500 until he sells the car. and to reply to what justalayman said, im not edxpecting any money form him until he gets the title, ive been ready since two weeks ago, but im waiting on him to get the money for me.
 

justalayman

Senior Member
i wouldve loved to do this the day i got the title in the mail, but he spent the money that i gave him. so he doesnt want to give me 500 until he sells the car. and to reply to what justalayman said, im not edxpecting any money form him until he gets the title, ive been ready since two weeks ago, but im waiting on him to get the money for me.
but you are at a stalemate. He can say all day long that he doesn't have the money but when it comes down to it, until you relinquish the title to him (actually put it in his hand) he can say "but they did not give me the title. they kept telling me they were going to but they never did".


Either that or wait until he decides he doesn't want the car setting around on his lot any longer and does something about it.
 

sabraham

Junior Member
Well the only reason I haven't given back the title is because its the only kind of collateral I have to getting the money back. Besides let's say I just hand him the title, who's to say he won't just sell the car and I won't hear back from him? And how would I prove in court that I gave him the title?

I think what I'm gonna do is give him a choice, if I drive down there I'm either getting the 500 or I'm taking the car with me since the title is in my name. I'll even get police involved if he doesn't comply
 

justalayman

Senior Member
Ya, sure. Good luck with that. If you win the bluff, great. If you don't, we'll, just don't go so far that you get arrested. The cops may not see it your way and if you raise Hell, it might be you on the wrong end of the stick,
 

sabraham

Junior Member
so hes not obligated to pay me unless i give him the title. i understand but the agreement was that i would give him the title once he hands me 500 dollars, like a fair trade. i feel if i just give him the title that i have no leverage or collateral that he would just come back and give me my money. i already dont trust him by some of his recent actions.

so if i do sue him at this point he could always say i never gave him the title, but why would i if he doesnt have the money for me? so all im asking is that if i decide to give him the title, then i should have him sign a contract stating that ive given him the title and he has a deadline to give me the money, is that right?
 

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