Legal Question in Civil Litigation in Georgia

I recently bought a car from a guy who claimed to be a mechanic and private dealer. We came to an agreement for a large down payment and a monthly payment plan to pay off the rest. I had issues with the car immediately. He offered to fix it which one of the major mechanical issue was engine issues.

He came to get car and then claimed that he wouldn't return car till I paid off remaining balance. I have the bill of sale and had other valuables in the car which he won't return.

I wish to know do I have legal standing to file a police report and report car stolen along with property?


Asked on 6/05/10, 11:57 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

No one here can possibly answer you.

None of us have read either your signed sales contract or bill of sale, nor have you said if the title was transfered or what warranty the vehicle has.

Since you did not provide that necessary information, a response is impossible.

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Answered on 6/05/10, 4:04 pm

This whole thing was a big mistake. Never buy a car without checking it out first via CARFAX and have it inspected by an independent mechanic. Its not a guarantee, but CARFAX will find the obvious defects and by hiring an independent mechanic, you will discover any obvious issues that a trained mechanic will know to look for.

If he did a bill of sale, did he keep a lien on the title as security for the balance? Was any warranty offered on the engine or the car generally? However, he is a mechanic and has a mechanic's lien on the car for the work done unless there is a warranty. What is the value of the car? Does it equal the work done? The answers to these questions will affect the advice.

You may have learned a valuable lesson here.

If you want me to give a more thorough explanation after I know all the facts, feel free to contact me.

Rachel Hunter

Attorney at Law

(678)-687-9693

Admitted in GA, PA & NC

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Answered on 6/07/10, 10:15 am


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