Legal Question in Consumer Law in Iowa

sale

I sold a van to a man, the van was as is no warranty. this was a privite sale. 5 days later he calls and says he is stop payment on the check and said i can pick up the van at a auto shop. the title was signed over to him. can he do this leagally? can i have him arrestted for theft?


Asked on 5/15/07, 12:51 am

2 Answers from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: sale

You might be able to contact your county attorney regarding the stop payment, but you will probably end up having to sue him. This assumes you did not misrepresent the condition of the vehicle.

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Answered on 5/16/07, 10:06 am
Regina Mullen Legal Data Services, PLC

Re: sale

He didn't steal it: you accepted a form of payment that gave him wiggle room. That's why when selling a vehicle, it's not a good idea to let people write personal checks.

By giving him that float, you gave him (practically speaking) the right to rescind the sale.

Now, a court MAY order the sale to go through, but since he didn't register the title, you'll probably just have to take the title back and get it re-issued to you.

The detail about it being at a repair shop means he might have to pay you something if the vehicle needs to be towed, but it's unlikely you're going to be able to force him to take the car and pay up outside of a court action.

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Answered on 5/24/07, 5:00 pm


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