Buyer Refuses to honor Check

[626 Seller]

What is the name of your state? TXundefined

I sold the car over the weekend to a nice couple. They had test driven the car and had inspected the car themselves with a friend (a week before they made the purchase they had made an offer that I had rejected)... a week later we agreed on a price on the phone and they picked up the car. The car was sold as-is with no implied/expressed warranty.
After few days of driving allegedly the car has given them some trouble, the buyer called me and wanted to return the car. Though I have not seen the issue myself I feel bad for the buyer and want to do the right thing for them but I don’t think I am liable after the sale has been made. The car has over 100K miles on it. I do feel bad for the buyer.

They paid part in cash and part personal check. What legal recourse I have to get the check paid incase the buyer wants to put a stop payment on it.
Thanks for your help

 

[dallas702]

If...that's "IF"...they stop payment you will need to send them a demand notice for full payment informing them that it is illegal to stop pay when they haven't returned the car. If they don't pay (cash only) you can sue them, and could possibly be awarded treble damages.

 

[45Frank]

What is the name of your state? TXundefined

They paid part in cash and part personal check.

Take the check to their bank and cash it ASAP before they can stop payment.

 

[626 Seller]

Update

Buyer had put a hold on the check two days after the sale/car delivery.

Since banks were closed for two days I did not get a chance to cash the check.
Buyer is asking me to drop $1000 from the price he paid as it will cost him about $1600 to fix the car for this problem that came up two days after he had bought the car. I do not want the car back and want my money. I am willing to knockoff a little bit but $1000 is too much.

Car was sold as is and the risk transfered at the sale. What should I do to collect on the stop-payment checks?
Thanks for your advise

 

[dallas702]

You have your money in your hand. If the buyer tries to get more than what he bargained for (an unwarranted "as-is" used car), you could end up with more than what you have now at his expense. Let him know exactly that. Empathy is fine. If you have a big heart and won't miss the money you can succumb to his late complaints and pay for being a good guy....but you do not have any LEGAL obligation to do so.

OTH, he has a LEGAL obligation to pay you according to your original deal.

But, out of curiousity what exactly is his complaint about the car he bought?

 

[626 Seller]

Buyer complaint

Thanks for your reply

The buyer complaint that the car started "jumping" on day three, and the check engine light came up. He took the car to a transmission shop and the mechanic told him the Torque convertor" has shattered and has fallen into the transmission... this needs the transmission to be rebuilt. He says the mechanic has quoted him over $1600 to rebuild the transmission.

he insisits that the Torque Convertor had shattered before the sale date to which I am saying why did you not see the transmission jump on the test drive and the drive for two days after purchase.

I have unpaid checks in my hand and dont know what should be my first step now.

 

[dallas702]

When you say "unpaid checks" do you mean he has stopped payment on them? If so, send him a demand letter and let him know that your WILL take this to court and ask for added damages.

He doesn't have a prayer in court. Unless the ceiling falls and renders the judge completely stupid you will get evry dime he owes you. You may or may not be able to collect extra damages, but the judge will have the right to make it ugly for this guy.

Unless the car was doing the same thing repeatedly before you sold it you would have no way of knowing the TC would go out. It could easily be due to his style of driving. You have NO legal obligation. He owes you the full payment. Don't waver on this .