Legal Question in Consumer Law in Georgia

Used Car Sale by Individual

I agreed to purchase a used vehicle from a private party for $3,000 in Sep. 05 providing he give me 1 day to have auto checked for problems. I gave him $2000 check to hold and asked for 1 day to have a mechanic check the car. He verbally and said he would send written agreement by fax which he did not do until after 2:00pm the next day and had put a 2:00pm deadline on the fax. Prior to receiving his fax, I learned the car was in BAD mechanical condition. When I called him, he refused to take the car back or return my check which he had deposited the previous day; saying deadline was past but it had not been 24 hours. I spent $600 in repairs to get the car running $400 in installments for balance of $3000 believing I had no recourse since he had the title. I paid $60 for 2005 taxes and $28.00 title change in Dec. 05 (my birthmonth). I sent him a $200 check but found out later that the car needed $300 more repairs. I placed a stop payment on the check to pay for repairs. Now he threatens to take out a warrant for a bad check and demands payment for his bounced checks. What are my options? He has been unscrupulous since day 1. I still don't have the title and am not sure it will be sent to me although I paid for the change.


Asked on 1/06/06, 1:32 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Used Car Sale by Individual

Unfortunately, the time to ask this would have been at the time of the transaction. The first mistake was giving him money without a written agreement. You could possibly have asserted a claim for breach of the verbal contract, but from an outside perspective, it simply looked like a straight purchase and sale. More problematic, from that point forward, even though you knew the car had problems, you acted as though you owned it by making payments, paying taxes etc. Whatever the initial dispute was about, you ratified the deal by acting as though you owned the car, knowing the defects. When you got another repair bill, you then changed course and are trying to undo the deal. You will have a tough time convincing a court that this is anything other than purchase and sale, because it looks like the paperwork backs up that conclusion. If he decides to press the bad check issue, you may have another problem. You don't want to end up without a car and with a warrant.

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Answered on 1/06/06, 2:36 pm


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