Legal Question in Civil Litigation in North Carolina
A few months ago a friend of mine agreed to buy a car from me (i live in NC, if that makes any difference regarding the rest of the question). From the very start, i made sure they knew all the work i'd done so far, and what work i knew needed done still. They made several cash payments towards the total cost, but then stopped when they decided that it will cost too much to fix the vehicle.
A good portion of the discussion regarding the sale was done through Facebook. Although i know it's not an official, notarized contract, it's still a small proof of the agreement (especially considering verbal contracts are considered legally binding).
What i'm not sure of is what to do now. Am i stuck with a vehicle that i can't sell because they refuse to pay the remainder of the debt? Is there a time period that afterwards i can sell it to someone else? If so, what does that mean for the original agreement?
i don't want to be stuck with a car i'm not using. i don't want to take this person to court considering legal fees will be more than what i was selling the vehicle for. i can't simply refund the money they already paid, as it's been used to pay bills (part of the reason i was selling it in the first place), and even if i had it stashed away, i don't feel it's my responsibility to give them the money back if they're defaulting on the agreement.
1 Answer from Attorneys
The Facebook conversations are fine as long as you can prove who the parties tot he conversation area.
IF you have possession of the vehicle, you can sell it. IF you told them of the problem and they knew going in, you are not required to refund the money. Once they breached the agreement by stopping payment and returning the car (assumption) you are within your rights to sell to another person.
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