Legal Question in Civil Litigation in California

A couple of months ago I bought a used vehicle from the person who owned the vehicle. At the time of purchase he gave me a receipt for the purcase of the vehicle(a bill of sale) along with that he also gave me a written(by him), and signed by him,guarantee that if within 60 days of the purchase of the vehicle, anything went wrong with it and I didn't want to fix it, he would buy it back for the amount that I'd paid him for it. About a week before the 60 days was up I began to have some real problems with the transmission. The front seal blew. Just to fix that would cost close to $600, more if there is damage inside the transmission. So I contacted the man I bought it from; told him I wanted to sell it back to him as per his written guarantee. He has strung me along for almost 2 weeks now and today he pretty much told me to take him to court because he's on disability and no judge will order a claim against his disability. I can't afford to fix it and was counting on him to live up to the written agreement, as it was his idea in the first place. Am I just screwed? Or do I have legal recourse? I would very much appreciate any advice or suggestions that you may be able to give me. Thank you very much.


Asked on 9/08/09, 10:45 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You probably are out of luck. You need top check out what his assets are; does he own a home, collecting any money from a third party because of his disability [automobile accident, etc.--go on web if can get the information there or to the local courthouses to see if he is a party to any current or relatively recent lawsuit], talk to the entity giving him disability pay and where they aware he had a car and sold it for cash, etc. Most disabllity payments are not subject to judgment liens. Find out how much you can get for the car as a junker, gift to charilty, etc, register it as non-operational with DMV to reduce your registeration fee, consider giving it back to him so that you do not become liable for anything that happens because of the car.

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Answered on 9/08/09, 11:41 pm


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