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Sold Car Privately with Signed Contract...Seller Won't Pay

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J

jkim3464

Junior Member
What is the name of your state? Maryland


I recently sold my car to this individual for $2,000. He came to my house, test drove, and also looked under the hood. Thereafter, we came to an agreement of $2,000 for the car. The seller said he'll give me $1,000 cash and the other $1,000 as a post-dated check because he did not have all the money on him. So, to be on the safe side, I wrote a contract and it reads...


Aug. XX, 2007

Sale of 1995 Ford Probe Metallic Purple $2,000
Seller - XXXXXXX
Buyer - XXXXXXX

(Buyer) made deposit of $1,000 on Aug. XX, 2007 for 1995 Ford Probe Metallic Purple. Total still due is $1,000 (wrote a check to (seller), buyer asked to wait until Sept. 5, 2007 before cashing).


(Buyer)
(Buyer's Address)

(Seller)
(Seller's Address)


__________________________________(Buyers Signature)



___________________________________(Sellers Signature)



We both signed this contract. Now, today, when I went to the bank of the check's origin, the teller told me a stop has been made on the check. I called the buyer to see what the problem was and he says because there was damage to the car he put a stop on the payment of the $1,000. He told there was a squeeking noise in the car ONE WEEK AFTER the purchase.

I plan to speak with a lawyer about this and take this to small claims to get back my $1,000. My question is...will I win this case considering he signed the contract and breeched it?

Also, I plan suing for legal fees along with days missed from work to settle this problem...is it possible to retreive these as well?


Thanks ahead of time...

Ji Kim
 


M

moburkes

Senior Member
Yes.

Now, stay out of the lending business.

You might want to re-read your title to the thread. It was totally wrong.
 
D

dcatz

Senior Member
Your state allows attorneys in Small Claims. Haven't read your statute to see if there's a cap on fees. Would hope not, as it will probably cost you the $1,000 you're trying to recover.
As to compensation for time off from work - no.
 
C

CraigFL

Member
You might want to check with your state attorney to see if that stop payment is a criminal thing. Here in Florida, it is viewed like theft and the pressure of criminal prosecution can sometimes get the buyer to pay up. It also would have been nice to include in the bill of sale that the vehicle was "as-is".
 
J

jkim3464

Junior Member
CraigFL said:
You might want to check with your state attorney to see if that stop payment is a criminal thing. Here in Florida, it is viewed like theft and the pressure of criminal prosecution can sometimes get the buyer to pay up. It also would have been nice to include in the bill of sale that the vehicle was "as-is".
Click to expand...
Yes, I made the mistake of not putting "as-is", would that hinder me from winning the case?
 
J

jkim3464

Junior Member
The individual lives in another state. The transaction took place in Maryland, do I file the complaint with Maryland or the state in which he resides?
 
S

seniorjudge

Senior Member
Q: The individual lives in another state. The transaction took place in Maryland, do I file the complaint with Maryland or the state in which he resides?

A: You should sue him where he lives. He won't come to you; you must go to him.
 
D

dcatz

Senior Member
The same thought occurred to me as to CraigFL, but I don't expect it to affect the outcome.
There was opportunity for inspection, the "contract" had no express warranties and the check was tendered.

If you're concerned, look into your own bad check statutes to see if a "stop pay" is included in that category (stop pays are sometimes treated differently than other types of bad paper) but under MD law, a post-dated bad check is regarded as a contract action because there was no immediate exchange of consideration. If you can bring it within your bad check statute, the civil penalty would be another $1,000.

This might be something else you want to discuss with your attorney. Aside from a simple SC claim, we're shooting from all directions now.
 
D

dcatz

Senior Member
In addition to what SJ points out, do you know that attorneys are permitted in the state where you'll sue?

You're not going to be able to recover fees simply for consultation, even in your own state. My assumption, when you mentioned it the first time, was that you'd have representation.
 
J

jkim3464

Junior Member
How quickly do I need to move with this claim?

I just recently started a new career move and I'm afraid of the days that I will miss due to this matter. $1,000 is definitely not worth losing my career over, but I believe I should recieve what I intended to deserve.

Also, I'm having a bit of a trouble filling out the Virginia Small Claims paperwork. Does anyone know of a site or resource to help guide me through this process?


Thanks Guys
 
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