Legal Question in Civil Litigation in California

Vehichle Purchase - Owner is changing the agreeement

I purchased a car for $1000 and now the owner wants to up the price of the car to $1400 and charge interest fees, am I able to return the car and get a refund of all money paid? We did not have a written contract from the beginning (bought the car in July) and the owner mailed out an invoice last week stating the price of the car is now $1400 plus interest fees from July. My husband has spoken to his twice this week and the owner is demanding the car back and states he doesn't have to return our money and said that if he was a bank, the bank wouldn't return money on a repossession and then hung up on my husband.


Asked on 12/12/08, 5:20 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Vehichle Purchase - Owner is changing the agreeement

Take the dispute to small claims court, don't create a criminal disturbance and get arrested.

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Answered on 12/12/08, 5:36 pm
George Shers Law Offices of Georges H. Shers

Re: Vehichle Purchase - Owner is changing the agreeement

You have not told us what the terms of the sale were and who has the pink slip. If he still has the title to the car, you propbably will have to return it to him and then sue to get your money back plus any other expenses you have incurred. Small Claims Court can only award money damages and can not tell him to return the car to you. if you do not return the cae, he may call the Police and report it as stolen.

An agreement to sell a car does not have to be in writing, but it of course more difficult to prove what was agreed to orally than if it is in writing. If you are current on your payments and have not breached any of the terms of the agreement, then he is wrong, but you need to convince a judge as he will deny what your claim.

Also, he can not charge interest of more than 12% on an annual basis [losses the interest if tries to]. A nasty letter from an atorney might solve the problem, but that is something you are better able to guess at then I. A semi-retired attorney such as myself might be willing to review the marter over the phone with you, do a little research, and then write a letter to him. At $100 per hour that might be a charge of $150. It might be cheaper for you to just sue for your money back or give him the car and forget the down payment [you did not say how much that was]

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Answered on 12/12/08, 7:05 pm


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