Legal Question in Civil Litigation in California

Re: Vehicle purchase from private owner gone bad

The oral agreement to pruchase the vehicle is ill advised. That said, your oral agreement may still be enforceable. You have what lawyers call "part performance" in that you paid a portion of the price for the vehicle and the seller delivered to your door, at least for a period of time, before he took it back. You have a claim in the least for breach of contract, possibly even fraud.

Here's what you need to do. First, I doubt a lawyer will accept your case because the economics of it don't pencil i.e. you will spend more in attorneys fees than you will likely recover.

I recommend you file a small claims action. Look up the county courthouse for your county online and follow the procedures. Small claims court is very user friendly. Indicate that you are suing for breach of contract and fraud. If allowed, include a claim for conversion and trespass to land (assuming you had the car parked in your driveway). Ask for your money back plus your costs plus punitive damages. Small claims court is limited to $7,500.00 so don't get too out of control with it.

Secondly, call the police and file a police report for theft. Make sure you present a copy of the canceled check you issued to the seller to present to them along with any other documentation you have, for example an ad that shows the car was for sale.

Finally, next time you buy a car, make sure you use a written agreement. You can get one free online.

Best of Luck!

Re: Vehicle purchase from private owner gone bad

Small claims court.