Legal Question in Consumer Law in California

I have agreed to purchase a vehicle from a seller on Craigslist. The seller and I both signed a hand typed bill of sale. The agreed price was $7,250. I gave a $500 check to the seller as a deposit and he said he would not show the car to anyone else. The seller has not deposited the check. The seller does not have the title because there is a lien on the vehicle. He said that his company is supposed to pay the difference on the loan (about $2,500). Now the seller is trying to get more money for the car. He says that he meant to put $7,950. I wrote back a lengthy email about that not being the price we agreed to. Now he wrote back agreeing to our original price, but saying that now his company is dragging their feet with the $2,500 check. He has also now tried showing the car to other buyers and is trying to get more money. Since he does not have the title in hand (because of the outstanding loan), do I have any legal recourse here or am I just screwed? I do not want my deposit back, I really want this car at the price we agreed to. It has already been 2 weeks of this back and forth. We are in California if that makes any difference.


Asked on 3/14/13, 11:22 pm

1 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Contact the bank that holds the note on the car and find out the exact payoff amount. Go to the bank with the seller. Pay off the lien, give the balance to the seller and take both, possession and the title of the car right then and there. Should the seller refuse to cooperate, sue for breach of contact and ask for specific performance.

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Answered on 3/15/13, 6:40 am


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