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  1. #1
    Join Date
    Feb 2012
    Posts
    1

    Default Sold Auto to Private Party Who Stopped Payment, Wants to Return Vehicle

    My question involves a consumer law issue in the State of:Missouri. A week ago, after two test drives involving experts of the buyers choosing, the woman purchased our Jeep Grand Cherokee under the stipulation we provide her with a new owners manual. We accepted her personal check then signed the title over to her along with her signing the bill of sale attached at the bottom (which we kept to file). 5 days later she drops the jeep the keys and her title in our driveway saying a belt on the air conditioner began squealing. She said she stopped payment on the check. She was not open to us checking the problem out. We do not want the jeep back nor do we now want to pay for a manual that has been shipped to her home. How much time is involved and trouble is it to get her to pay for the jeep? Who should keep it insured during this time? Who is liable for any damages until this is sorted out?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Sold Auto to Private Party Who Stopped Payment, Wants to Return Vehicle

    Did she register the vehicle or not? Did she return the signed title, without registering it?

  3. #3
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Sold Auto to Private Party Who Stopped Payment, Wants to Return Vehicle

    You have three choices.

    A) You can report the abandoned vehicle to the authorities and have it towed. Then you can sue the person who purchased the vehicle. You'll need to show that the person purchased the vehicle "as-is" and that there were no clauses to return it. Depending on the amount it may be small claims or superior court. Small claims you can do yourself, superior court (or the next high level court) you will need an attorney. It will take time 6mo - 1yr and money to do it. Once you get a judgement against her you'll still have to wait for her to pay. If she doesn't then you have to file a lien, etc, etc.

    B) Contact the person, demand return of the auto manual and re-sell the vehicle. Explain that if the second purchase price is lower than the agreed upon amount you expect her to make up the difference or you'll file a suit to recoup your losses. As long as the second price is reasonalbe you''ll be able to sue for the difference.

    C) Pretend the first sale never happened and try to re-sell it. This is the easiest, quickest and in my opinion the best option for you. You can still demand return of the auto manual as well. Threaten to sue if she does not produce it. Although you have been wronged this is probably a situation where it is cheaper to let it go than challenger her.

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