Need some advice... car deal gone bad. [Archive] - Zilvia.net Forums | Nissan 240SX (Silvia) and Z (Fairlady) Car Forum

volkrps13

08-07-2010, 07:14 PM

I recently wrecked my sil80 about a month ago. It was pretty much fully built from the engine to the suspension etc. Anyways the front end was toast and had a pretty good amount of frame damage. I am in a pinch so i sold it to a local guy here in NC for a gooood deal. Anyways he gives me half of the money and then we write up a contract stating he will make monthly payments and once the car is paid for he will get the title (which doesnt matter anyways since he was only using the car for parts). He recently baild out on payments and says he cant afford to make the payments anymore. He has pretty much stripped the car completely too. He wants me to give him back his money and me take the car back. I dont really have the time to deal with it.

Should i take him to court? I would feel bad keeping all of the money he has paid for on the car and getting my car/parts back at the same time. Its just a crappy position. I wish i would have just sold it to someone that had all of the money in the beginning. I presonally knew the guy who bought the car and thought he was good for it. thats why i agreed on payments. Im also in a financial bind so i didnt have much of an option anyways.

any advice would be helpful in making a decision.

ZilviaKid

08-07-2010, 07:18 PM

what good is suing for the car back if all the parts are stripped off?

CleanAndLegit

08-07-2010, 07:20 PM

you repo the car and call the po po"s for the parts that are missing

CleanAndLegit

08-07-2010, 07:21 PM

oh and keep the cash and yeah

sleep

08-07-2010, 07:38 PM

way to end a friendship

volkrps13

08-07-2010, 08:46 PM

ONYX S-13

08-07-2010, 10:06 PM

If you have a contract you're entitled to whatever the contract stipulates. If you know the dude is trying to pull a fast one, then tough for him. He reaped what he sowed.

Technically he was leasing the car from you. Whenever you lease a vehicle you don't own it ever (unless stated in the contract). When the lease is over you return the car in the exact way it was given (obviously exclude mileage and normal wear and tear items).

In a nut shell you keep the money and the car and you can technically sue because the car was never his to take apart in the first place (the pink is in your name).

S14DB

08-07-2010, 10:38 PM

If you have a contract you're entitled to whatever the contract stipulates. If you know the dude is trying to pull a fast one, then tough for him. He reaped what he sowed.
Yeah you have a contract for sale. Used car sales person to person is as is unless you stated other wise.

Take him to small claims court.
I don't know how your state will work. Judge may give you two options. Take the car back then sue him for damages from striping the car. Or, Sue him for the amount owed on the contract.
Ether way get a judgment against him for the amount owed.

Technically he was leasing the car from you. Whenever you lease a vehicle you don't own it ever (unless stated in the contract). When the lease is over you return the car in the exact way it was given (obviously exclude mileage and normal wear and tear items).

In a nut shell you keep the money and the car and you can technically sue because the car was never his to take apart in the first place (the pink is in your name).
No, it was not a lease.
Vehicle leasing - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Vehicle_leasing)

It was a sale under lien. He held the title until the lein amount was paid off. like a buy here, pay here.
Lien - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Lien)

LimeLite Racing

08-08-2010, 12:02 AM

you repo the car and call the po po"s for the parts that are missing
This
oh and keep the cash and yeah

And this.

Done.

volkrps13

08-08-2010, 12:13 AM

i mean like i said i just want to be semi fair about it. I know the guy would love to pay the rest on the car but he has been going through hard times financially. He roofs houses and hasnt had a job in almost 2 months. He is 2 months behind on payments and just flat out told me the other day he can not make payments but wants all of is money back. He isnt trying to be a dick or anything. I just think its a real shitty situation to deal with. Its a loose loose no matter what i decide to do. Either i take the car back and have to spend months selling the parts and make him happy, Or i take him to court and cause a big deal. I have taken people to small claims before and never got a penny from them. The first SR swap i bought had a spun rod bearing when it was supposed to be perfectly fine and i Sued him for all of my money back plus court fees and i never recieved a penny but he did pay court fees.

S14DB

08-08-2010, 12:30 AM

Don't give him the money back.
1) It's sold as is.
2) It's not in the condition you sold it in.

You can do 2 things.
1) Sit and wait for him to get a job. Then trade the title for the Money owed.
2) Take the car back as is for the amount owed. Keep the money he has given you as payment for the parts he has taken off.

In no situation should you be giving him money back as he has stripped it. You have the Title, you have the power.

iamtheyi

08-08-2010, 12:45 AM

take him to court. No fairness. He's basically deciding to screw you right now too. Don't suck him dry but get what you can out of the guy.

supervenom

08-08-2010, 02:06 AM

The court will seek to make you whole. That is to say, they will judge in your favor and will order him to either pay you the remaining balance due or return the car and all of the parts. But here is the thing. The court cant MAKE him do anything. They will order him, then he has X amount of time to comply, then if he doesn't, the court will send him to collection. But, if he really is broke, well, I'm reminded of the phrase "you cant get blood from a stone". If he is broke, then dude, your parts are probably gone/sold.

My advice: Try to get back what ever parts you can, maybe even the shell, and keep the money. Taking him to court is only going to cost you time and money and will get you no where.

I finish this off with an old Jewish saying. "when you lend money to a friend, you better know which one you want more, your money, or your friend!"

Good Luck Bro!

Sam_Well.13

08-08-2010, 02:47 AM

i think. and dont quote me on this. if the FORM you guys made up wasnt legally notarized, it is useless to the LAW.

but i wouldnt give him the money back. tell him to keep the parts he had stripped and take the car from him stat.

handinpants

08-08-2010, 02:57 AM

yeh seriously.. i mean im going to try and be fair about it...

all the parts are there but like the engine is pulled, suspension off, 2 way out, etc... just a shitty situation. i am thinking of just taking everything back and keeping like 1000 bucks for him screwing me around. Now ill have to part the car out which is what i didnt want to do. idk

fair is fair, but it sounds like he's trying to shaft you.... you had a written agreement, which will suffice in court.

it is not reasonable for him to return the car to you in a condition other than which it was given to him. friends don't do this to friends..
another thing about fairness, is it your fault he hasn't had any work? NO, is it your fault he can't live up to his agreement? NO. is your car exactly the same as you gave it to him? NO.
Keep his money, . . take him to court.. REPO the car. . that's my oppinion....

HEY WAYNE WHAT DO YOU THINK HE SHOULD DO:?

az_240

08-08-2010, 04:26 AM

S14DB knows what's up.

ineedone

08-08-2010, 09:25 AM

Why does he just not sell the parts to pay you? Shoot it is not like he is working apparently.

CleanAndLegit

08-08-2010, 03:11 PM

honestly dude what i posted is exactly what id do
i know how you feel been in that situation
but ay man its either you or him
so whos it gonna be

also if u wanna be "fair" or take it easy on the guy
have him put everything back to together parts and all
nothing missing like how it came

and keep some cash like not too much for compensation since he wasted your time
and who knows you couldve probably sold it in that time.

soo yeah gl mayneee

S14DB

08-08-2010, 03:21 PM

i think. and dont quote me on this. if the FORM you guys made up wasnt legally notarized, it is useless to the LAW.
When's the last time you had to have a buyers contract notarized when you bought a car?

Statute of frauds - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Statute_of_frauds)

ineedone

08-08-2010, 07:01 PM

When's the last time you had to have a buyers contract notarized when you bought a car?

Statute of frauds - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Statute_of_frauds)

Wikipedia is not the best place to get your legal info from....:fart:

Contracts like the one aforementioned, are hard to have enforced. The reality, without having lawyers, notaries, third parties etc. involved, it is just a he said/she said situation. Your best bet, in my opinion is to call a repo service (or if your "connected" a collection service:tardrim:) and/or the police. Tell them the story and have your car/parts brought back. If this is a friend of yours, just get all the stuff back, tell him he will need to wait until you have parted and sold the car before he can even begin to think about getting his money back. Either way, in the end, you hold the title (and I am assuming you have not signed it over to him) so you should be able to get whatever you want back with out much of a problem. If things turn sour, report the car stolen.

volkrps13

08-08-2010, 10:34 PM

K i just settled things with him... he is putting all of the parts back on the car and returning it to me some time this week. Most of the parts were already pulled and put on his so he will have to uninstall them off his car and re install them on mine. I am going to keep 500 dollars for fuck up money and then just part the damn car out. Thats the last thing i wanted to do to a car that i built myself. It just sucks :( oh well i think its fair and ill probably be able to get more money this way since i sold him the car for dirtttt cheap considering it had a fully built SR, built suspension, PFC, kaaz 2 way etc.

rokmplutonium

08-08-2010, 11:51 PM

If you're going to part out the car anyways, why not just have the car returned in parts? Less work for you.

godrifttoday

08-09-2010, 01:04 AM

Your an idiot for returning him any money... Take your car back

KOUKIboy

08-09-2010, 02:01 AM

Good thing your situation was resolved man, I hate when people do that type of thing, I cant pay you anymore but Im gonna keep all your shit!!! Hell no!!!....Good for you man!!!!.......

TheWolf

08-09-2010, 08:11 AM

next time don't ever sell a car with "promised" payments. Money and Friends never mix. Sell it outright or part it out. Keep in mind. He may take 3-4 weeks while "not having a job" to move the parts over from one car to another. Don't expect it to be quick. The excuses will range from "I don't have the stock stuff any more" to "that broke off my car". Like somehow this is your problem. Be on your guard because more than likely this isn't over and when you get your car back it will be missing atleast 500 or more in parts. Just the way it goes.

h2v7

08-09-2010, 11:50 AM

hey so guys my friend stole my car then broke it then i paid to get it back and he helped me fix it. but then we punched eachother!

ineedone

08-09-2010, 01:02 PM

hey so guys my friend stole my car then broke it then i paid to get it back and he helped me fix it. but then we kissed eachother!

:love:

Cute...

Gizmo_S13

08-09-2010, 02:37 PM

every month you get parts off the car that equals the money he has to pay to you and you sell the parts here on Zilvia :-D

kikcaffine

08-09-2010, 03:13 PM

Im gonna laugh when that SR is blown. Fuck that guy, when he tows it back to you, say thanks and close the door. He defaulted on your contract. Not your problem he doesnt know how to manage his money.

ronmcdon

08-09-2010, 03:57 PM

Wow, so the dude didn't get any work as of two months ago.
Was behind rent for two months.

after a month of not having work and paying rent, he decides to spend $$$ on a non-running car w/ nice parts.
then proceeds to strip parts out (prob for sale).
it doesn't take a genius to do the math.

you definitely got shafted, but you should have had better judgment.
friend or not, never deal with 'payments'
they can go get a loan from the bank.

Forget the car or any parts, just try to get your $$$ back.

tricky_ab

08-09-2010, 04:33 PM

This

And this.

Done.

I second this! It sucks that it's played out this way but don't go out like a sucker...

ravinaziankid

08-09-2010, 06:13 PM

first of all, why would you make a payment plan when this person has no job and has rent/bills to pay? that was your first mistake.. i would not give him any money back - think of it as taking out a mortgage for a home; if you dont make payments for 6 months, bank takes your home - you get shit.. same should apply to this situation as well. Reminds me of the whole subprime mortgage dilemma lol.. giving loans to anyone with a name with no credibility and job..