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Originally Posted by Fasterthanyou
There are a few problems with this senario so I suggest you call a lawyer ASAP. First off, you should never release the title until you have all the money set in stone. NEVER accept a personal check no matter who it is. It could be you're best friend, just don't do it. Have them get a cashiers check which is as good as cash but can only be deposited.
The Magnuson-Moss Warranty Act might help you here. Ask the lawyer and tell him everything that happened.
Private sales usually are not covered by the "implied warranties" of state law. That means a private sale probably will be "as-is" and this is the case in NJ. He can get in SERIOUS trouble for stopping payment. I'd also call a repo man to get YOUR car back. The only problem with that is that you gave him the title and have no contract. This might get messy.
Another option is finding why the car isn't starting so you can avoid the small claims courts and what not. Let this be a lesson to anybody that doesn't feel they need a written contract expressing as-is. And again, NEVER accept personal checks!
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eh, working at a bank i have some info, you can accept personal checks but just cash them at the bank they are drawn on which will be listed on the front of the check ie soverign, wachovia, bank of america or whatever...as far as cashiers checks goes, same thing cash them...they are not as good as cash and can have stop payments on them. I think its really ****ed up what they are doing in this case seeing that they are only giving you a little over a grand for the car...its not a mint condition car and im sure what never sold as such. If you have a lawyer friend talk to him about it but for a grand i wouldnt go much further then that with a lawyer unless hes not charging you. The only recourse i see you having is going to small claims court with this guy...you can get a copy of those checks and once you win in small claims court you'll know where to get those funds deducted from so youre already ahead of the game...with small claims they have to show up to court otherwise you win so you have a 50/50 chance of winning by default most of the time and can setup to have direct deductions from their account when its official. From what you said he had damn near if not over 48hrs between the time you released the car(friday) and by the time you talked to them(sometime sunday or monday it sounds). The legal system sux and can be time consuming but this guy sounds like the type of person id take it to...also get him for time off from work and as much other **** as you can throw in...**** for that put in mental anguish
never hurt hehe.