What is the name of your state (only U.S. law)? Florida
Hello, and than you for taking the time to read this.
In September 2013 my husband and I entered into a written agreement with an acquaintance to purchase a vehicle she was selling. The "bill of sale" she wrote up simply stated:
"I, (her name), sold a 1996 Buick LeSabre (serial number) + tag + 2 tires for the sum of $1,000. The registration to be renewed no later than October 1, 2013 at buyer's expense.
The payment plan is as follows:
*Down payment $258, received September 24, 2013*
October 4th - $100
November 4th - $100
December 4th - $100
(continues on until August 4th, showing a final payment of $129.13)
Insurance payments (she kept the car insured in her name on her policy and listed us as drivers)
November 4th -$43
December 4th - $41
AS-IS
(signatures)"
After giving her the down payment of $258 + $300 for October, November, and December + $84 for insurance payments + $80 for the renewed registration (a total of $722) we hit a snag with my husband's paycheck and it was delayed by a week. He'd been in constant contact with her keeping her apprised of the situation and having a mutual agreement/understanding that we would be making January's $100 payment on the 11th rather than the 4th. While we were settling in for bed Friday the 10th, we heard a car door slam outside, and watched as she drove away with the car from our driveway with another car following her. She made no attempt to knock on the door, nor did she remove any of our personal belongings from the car, including 2 child safety seats, a radar detector, some clothing, a prescription inhaler, and a few other personal items.
We called the Sheriff's office and spoke with a deputy who basically told us that because the title & registration were still in her name she legally had the right to take the car. He spoke with the lady, as did my husband, and she agreed that as soon as she got the $100 she would give the car back. The deputy stated that if we needed help getting our belongings out of the vehicle to let them know & they would escort us over to her house.
Saturday morning I called a taxi to get to work (a 2 mile trip cost me $8 each way). My husband spoke with the woman to arrange a time for her to bring the car back and take the $100, but she refused and says she's not giving it back. We offered her an additional $60 for a late fee, and she still refused. She then informed us that she would be returning our belongings to the Sheriff's office at her convenience.
Hubby called the deputy back to let him know what transpired, but all he could offer was advising us that if any of our personal belongings were missing when she dropped them off at the station we could file criminal charges against her for theft. He mentioned something about taking her to small claims court for what she's done, which is why I am here telling you this.
Again, I know that because everything is still in her name she was within her legal rights to repossess the car. However, do you believe that it is worth the cost & trouble to take her to small claims court for breach of contract or something to that effect? There's a sob story to go along with this (4 kids, 2 working parents, doctors visits, lack of public transportation in the area, etc.) but I doubt any of that will matter in court. I don't believe that we are getting that car back, and when tax refunds come back next month we will be able to get a car (with a more detailed contract, obviously). It's just the principle of the matter. That was very shady, low, and just.. weird of her. 90% of the communication between us and her is in writing via text messages, so that's a bonus. Plus we have the deputy who she lied to about giving the car back the next day when she received payment.
So, if it were you in this situation what would you do?
Hello, and than you for taking the time to read this.
In September 2013 my husband and I entered into a written agreement with an acquaintance to purchase a vehicle she was selling. The "bill of sale" she wrote up simply stated:
"I, (her name), sold a 1996 Buick LeSabre (serial number) + tag + 2 tires for the sum of $1,000. The registration to be renewed no later than October 1, 2013 at buyer's expense.
The payment plan is as follows:
*Down payment $258, received September 24, 2013*
October 4th - $100
November 4th - $100
December 4th - $100
(continues on until August 4th, showing a final payment of $129.13)
Insurance payments (she kept the car insured in her name on her policy and listed us as drivers)
November 4th -$43
December 4th - $41
AS-IS
(signatures)"
After giving her the down payment of $258 + $300 for October, November, and December + $84 for insurance payments + $80 for the renewed registration (a total of $722) we hit a snag with my husband's paycheck and it was delayed by a week. He'd been in constant contact with her keeping her apprised of the situation and having a mutual agreement/understanding that we would be making January's $100 payment on the 11th rather than the 4th. While we were settling in for bed Friday the 10th, we heard a car door slam outside, and watched as she drove away with the car from our driveway with another car following her. She made no attempt to knock on the door, nor did she remove any of our personal belongings from the car, including 2 child safety seats, a radar detector, some clothing, a prescription inhaler, and a few other personal items.
We called the Sheriff's office and spoke with a deputy who basically told us that because the title & registration were still in her name she legally had the right to take the car. He spoke with the lady, as did my husband, and she agreed that as soon as she got the $100 she would give the car back. The deputy stated that if we needed help getting our belongings out of the vehicle to let them know & they would escort us over to her house.
Saturday morning I called a taxi to get to work (a 2 mile trip cost me $8 each way). My husband spoke with the woman to arrange a time for her to bring the car back and take the $100, but she refused and says she's not giving it back. We offered her an additional $60 for a late fee, and she still refused. She then informed us that she would be returning our belongings to the Sheriff's office at her convenience.
Hubby called the deputy back to let him know what transpired, but all he could offer was advising us that if any of our personal belongings were missing when she dropped them off at the station we could file criminal charges against her for theft. He mentioned something about taking her to small claims court for what she's done, which is why I am here telling you this.
Again, I know that because everything is still in her name she was within her legal rights to repossess the car. However, do you believe that it is worth the cost & trouble to take her to small claims court for breach of contract or something to that effect? There's a sob story to go along with this (4 kids, 2 working parents, doctors visits, lack of public transportation in the area, etc.) but I doubt any of that will matter in court. I don't believe that we are getting that car back, and when tax refunds come back next month we will be able to get a car (with a more detailed contract, obviously). It's just the principle of the matter. That was very shady, low, and just.. weird of her. 90% of the communication between us and her is in writing via text messages, so that's a bonus. Plus we have the deputy who she lied to about giving the car back the next day when she received payment.
So, if it were you in this situation what would you do?
