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Sold Vehicle, Purchaser won't pay balance

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B

Bronco

Guest
In August of this year I sold a vehicle for $9,500 (ADA book was $12,500 at the time, but I was moving and needed a quick sale). The purchaser gave me a check for $8,500 and asked if she could pay the other $1,000 by Dec. 31, 2000. Since I knew her, I agreed, and had her write a note to that effect, with her signature. The note stated how much the total cost was, $9,500, how much she paid up front, $8,500 and how much she owed, $1,000 by Dec. 31,2000.

The vehicle was perfectly fine when I sold it to her. October 22 I called her because I received an unpaid parking ticket notice in the mail on that vehicle, and asked her why she hadn't transferred the title. (I didn't know I was supposed to file a notice of sale with the dmv, which I did the following Monday). During that conversation she said that there was something terribly wrong with the alignment and that since her roommates had been driving it most of the time, she didn't notice it until at least a month or so after she bought it. I told her that there was nothing wrong with it when I had it and that maybe her roommate ran into a curb or something. She said she'd send me a check for $1,000 by 12/31, 2000.

11/18 her father called and asked me to drop the $1,000 because of the problems with the vehicle. I told him the same thing I told her (roommates driving it) and he said he didn't know that, and that she had lied to him about how much she paid for it in the first place, and he just found out a couple of weeks earlier that she signed a note for $1,000.
I told him I would not drop the $1,000 and I expected a check by 12/31/00 or I would take her to small claims court.

She called me a few minutes later, very upset and said she wouldn't pay, etc. etc. She still has not transferred the title!

My questions are: 1) If she does not pay and I take her to small claims court, what of the above information (besides the obvious contract) can I and should I use?
2) I live across the state now, (moved in August); can I also request travel expenses, hotel, wages for missed work?

This transaction occurred in Washington state. Any advice would be greatly appreciated. Thanks.

 


ALawyer

Senior Member
Did you sell it to her with something in writing stating in big letters "AS IS"? If not there may be some implied guaranty - or she may claim there is.

One approach - get a lawyer to write a letter for you stating that she will be sued if she does not make payment.
If that does not work (and it should), it sounds as if you will have to take her to Small Claims court. Most small claims courts require that to sue, the defendant must be in the area.

But I do not know WA law, and just maybe you can sue her where you live. Or sue her in another State court where you live.

And no, the costs you incur in travel, lost time, etc. are not recoverable on a contract term.

Also, I would be concerned that she has not transferred title, in the event of tickets or an accident. You may want to ask the DMV what can be done.
 

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