Legal Question in Business Law in Massachusetts
Sale of Automobile
Hi,
I sold a car private sale last June for $12,000, the buyer gave me a small deposit and made payments when he could, here it is 7 months later and he decides he doesn't want the car.
I had cancelled the insurance and registration when he gave me the deposit, also the value of the car has dropped $1500 since June, so far he has paid $4,000, (I still have the car).
Am I entitled to keep all or a portion of his payments to cover the value decrease of the car and registration fees?
Thank-you in advance...
3 Answers from Attorneys
Buyer defaults on the Sale of Automobile
I am not sure I understand.
You have an agreement. The buyer defaulted on the agreement. You have a right to file a legal claim against him for money owed.
If I am missing something, let me know.
Re: Sale of Automobile
Your legal remedy depends upon whether you actually transferred title of the car to the Buyer.
If you do not hold title, then the Buyer owes you $12K and you can sue for the remaining balance owed.
However, from your description, it appears that you still hold title and possession. You would transfer title once the Buyer paid you $12K. Is this the case?
If so, then you can resell the car to someone else. The Buyer must then compensate you for the difference between $12K and your actual selling price.
Re: Sale of Automobile
I want to make two other points.
One, you must make good faith efforts to get the best price possible when selling your car to someone else. That is, you cannot just "sell" it to friend for $1 and then try to recover the $11,999 in damages from the Buyer.
Two, IMLO, you probably cannot recover your re-registration fees because cancelling the registration was your personal choice done at your sole discretion.