What is the name of your state (only U.S. law)? Wisconsin
I sold a car as a private seller. I accepted part cash and part check for the payment, holding the title until the check cleared. The purchaser stop payment on the check because he said the car was not what he thought it would be. He returned the car, but is holding the keys. I maintain it is an as is sale and he has no rights to ask for the money back. On the check, in the memo line he wrote the year and make and model of car. He says since we had no written contract it does not matter. I filed a small claims case to recover my money. Will I win?
I sold a car as a private seller. I accepted part cash and part check for the payment, holding the title until the check cleared. The purchaser stop payment on the check because he said the car was not what he thought it would be. He returned the car, but is holding the keys. I maintain it is an as is sale and he has no rights to ask for the money back. On the check, in the memo line he wrote the year and make and model of car. He says since we had no written contract it does not matter. I filed a small claims case to recover my money. Will I win?