Legal Question in Civil Litigation in Georgia
I recently asked a legal question regarding a car I bought but was told I didn't provide enough info. So here goes.
I recently bought a car from a gentlemen. The car was offered for $2200 on Craigslist. It was an 2002 Dodge Intrepid. I spoke with the gentlemen via email and informed him that I didn't have the full $2200 but that I could provide $1000 as a deposit and pay on a monthly basis. He agreed to it. When I met the guy he asked for $1200 down and that the extra $200 would be considered the first month payment. I agreed.
After paying for the car and driving it home I experienced mechanical problems. Engine and oil light came on. I called and informed him of this since he is also a mechanic or claim to be.
A few hours later I went out to crank up the car because when I bought the car it was 2pm in the afternoon and I wanted to see how the headlights displayed during evening and night hours. The car would not start. So I called again. He informed me to try and get a jump in the morning since I would have to work and that he would come out and replace battery if needed and look at car free of charge. I even have the email where he states this.
I called my insurance Road side assistance to get jump and went to work. After work I needed another jump and on my way home the car began smoking and the steering wheel locked on me. I almost got into a wreck because I could barely turn the steering wheel.
Again I called him since he assured me when buying the car that he was a mechanic and that he worked on the car himself and that I would not have any issues and if so just call him and he would look over it.
This time he comes out, looks at the car and determines it was power steering pump issue. Tells me to get some power steering fluid. Now at this time I also called a friend to possible drive me home so she was a witness to him advising me. After getting necessary fluid it was determined that the power steering pump wasnt installed. He told me it would be fine to drive it home that it just would be extremely hard to steer. I do so and on my way home transmission begins to slip. I had to cut the engine off and on several times just for the car go get into gear.
So he assures me that he would fix it. A week and a half later he finally comes around to fix the car. Says that he does not have the part at that time but would later come by with the part and a fellow mechanic and would fix it again at no cost since he is a mechanic and he claimed the part could be bought and a salvage yard for less then $40.
I leave my home with car parked in the parking lot and come home and car is gone. For some reason I felt the mechanic may have retrieved it so I called him. Sure enough he did. I find out he had an extra key. I was upset but he assured me that he only retrieved it to work on it and not to do anything nefarious. I finally relent and ask him to inform me when car would be fixed.
2 days later he emails me and tells me that car cost him more then he thought without explaining any specifics of what he did or the cost. He informs me that he will not return car unless I paid remaining balance which was $1000.
I informed him that I couldn't afford to give him another $1000 since we agreed on a monthly payment and that I already paid my $200 for the month and that he agreed to fix the car for free even after I informed him several times that I had a independent mechanic planning to look at the car.
Then he begins by threatening to have locks changed and that he was going to resell the car and that I would be out of the money I gave him.
I have the bill of sale where it clearly states how much I paid and that we agreed to monthly agreement. Recently I went to court to file a small claims and informed him of this. I didn't want to take this route. I tried to make every possible negotiation I could think of but the guy wasn't budging despite our agreement.
After informing him that I was filing a small claims he informed me that he resold car and was leaving the country to attend the World Cup in Africa and that I was stupid for buying from him.
So my question posed before and again today is do I have a legal recourse to file a stolen car report with the local police department or what are my legal options besides small claims filing and hoping he remains in the country and shows up to court?
2 Answers from Attorneys
No one here has seen the Bill of Sale or the signed title, so no one here can answeryou absent those details. You should have seen a lawyer BEFORE filing a court case.
You have a civil and not a criminal dispute. I suspect the best you can hope for is a judgment for $1200 (that probably is uncollectable if he left the country unless he returns and has assets here). But no one can really even say that without reading the paperwork.
Don't buy a car from Craig's List or eBay Motors without having the car inspected by an independent mechanic. I would sue to get your money back, not sue for the car. You do not want the car as it is a piece of junk.
Do you know if the bill of sale indicates that the car was sold "as is"? If it does, then you are going to be stuck. You not only had a duty to inspect the car, but you bought it with all of its problems. In that case, your remedy would be to try to get the car, but then you would be required to pay the balance owed..
How do you know that he went to Africa? Just his say so? This guy has been giving you a song and dance. Unless something he says is verified by an independent source, I would not believe him. And I don't think he is a real mechanic either. What kind of mechanic would sell you a car with no power steering pump?
Did you get the car titled in your name? It is not a stolen car if it is still titled in his name. Analogize to buying a car from a dealer and financing it. If you don't pay, the finance company can repossess it. Same thing (sort of) here.
As I said, I would seek in civil court a return of the money that you paid and try to get around the bill of sale/failure to inspect by arguing that this guy defrauded you.
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