Legal Question in Consumer Law in Virginia

Vehicle Purchase

I sold a car to a friend for 400.00 dollars with the understanding at the time that she would give me 200.00 dollars(which she did)then give the the remaining 200.00 within the next pay period. That was 2 months ago and have not recieved payment. Have contacted local police department to report the car stolen. Have requested on numerous occasions that the car be brought back and this person refuses to pay or bring the car back. When she bought the car, she did so ''as is''. During the time she has had the car she has fixed certain things on the car. There was no written Contract, no reciept given to her for payment. Can we have the car repossessed, am I liable for any accidents she or her husband might have while the car is in thier possiession? She does not have a drivers license and I am very concerned and cannot afford to retain an Attorney at this time. The car is still in my name and I need to know what actions I should take. This person is clearly not going to give me my car back without a fight. I have gone as far as offering her her money back in return for my car. Thank you for your help.

Sincerely,

Edna Geldhof


Asked on 4/30/02, 7:55 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Vehicle Purchase

The car was clearly not stolen but the subject of

a valid oral contract for sale for which there has only been partial performance by the

purchaser($200 paid), and as a result, after you delivered the vehicle to her, you retained the title(held the balance of your performance in abeyance)until you receive the other $200.

Which hasn't happened. However, if the purchaser

were to return the vehicle to you, you would be required to return to her not only the $200 which

you received, but also the cost of the repairs

which she supposedly has had done while the vehicle was in her possession.(Her claims could be inflated.) Under these circumstances, are you sure that you really want this $400 clunker back?

A better solution would probably be to file your case in small claims court for the balance owed for around $30. After she's been served with a copy of your small claims court lawsuit along with a notice to appear, she'll probably give you a call to see if a settlement can be worked out so that the two of you may not have to appear in

court.(If you do settle, make sure you get your

cash (and only cash)up front and record the settlement in writing with both of you signing and dating the document.)

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Answered on 4/30/02, 11:42 pm


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