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  1. #1

    Default Car Seller Wants More Money to Complete the Sale

    My question involves criminal law for the state of: Michigan

    My uncle wanted to trade a car for some stuff I had. riding lawn mower, drill press, pipe bender,2 guns. but I did not have both guns so he let me do it with just one gun. And told me to just get him the 2nd gun wene I got it. so I agreed. And at the time of the trade. He had just got the car put in his name. So he did not have the title back yet from the state. And at that time he said that he would give me the title as soon as he got it in the mail. Some time went by and he got a hold of me and said that he was not going to give me the title because the stuff that I traded was not worth the car. He wanted more. At that time a told him I wanted to trade back. He said no because he had money. Into the stuff I traded. He said he had to fix some of it. So I offered to pay him the money he had into the stuff. wicth was around 200.00 I just wanted to trade back. He said no. And know he says that if I do anything with the car he is going to report in stolen. Even though I have all the paper work on the car that he gave me except the title. He is going to say that I went to his house and drove of with it. But it has been sitting in my drive way for the last 5 mouths. I have wittes. My question is. Can he get me for stealing the car? I have asked him to trade back 3 different times and every time he says no. now he says he is going to reposses it. Can he do that? what legal action do I have.

  2. #2
    Join Date
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    Default Re: Car Seller Wants More Money to Complete the Sale

    Your choices are to work something out with the seller, or to sue him in small claims court.

    Let me guess... none of this is in writing?

  3. #3

    Default Re: Car Seller Wants More Money to Complete the Sale

    No none of this in writing all. On either side. But I do have all the paper work on the car including the last title transfer form. From the previos owner to him (the one I traded with). The only way for me to get that. Is he gave it to me. And the keys. Can he get me for stealing the car?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Car Seller Wants More Money to Complete the Sale

    Given your description so far he cannot "get you" for stealing the car. If he attempts to take the car and you act to prevent him from taking it or you hide it, while you should be vindicated, an initial report of the matter might get you arrested. He has prima facia proof of ownership so that is what the cops are going to be concerned with.

  5. #5

    Default Re: Car Seller Wants More Money to Complete the Sale

    Can I just give him the car back? And tell him he has so long to give me my stuff back. And if he don't. Cant I get him for theft of my stuff.

  6. #6
    Join Date
    Mar 2013
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    17,612

    Default Re: Car Seller Wants More Money to Complete the Sale

    Quote Quoting robert301972
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    Can I just give him the car back? And tell him he has so long to give me my stuff back. And if he don't. Cant I get him for theft of my stuff.
    No, it's not theft and the police won't likely give you the time of day.

    It's a contract issue that should be dealt with in a civil court.

    If you return the car you'll then have to sue him for your stuff (replevin) or it's used value.

    It appears that you cannot sue for the return of property in small claims court in Michigan, it has to be in District Court. Here's some information from the court website:

    http://courts.mi.gov/Administration/...-Delivery.aspx

    Now you've learned a healthy life lesson about never handing over the money without good title in hand. Especially with family. Family will screw you just like strangers will, maybe even worse.

  7. #7

    Default Re: Car Seller Wants More Money to Complete the Sale

    For argument sack. Lets say he does report it stolen. And every thing goes to court. And it is found that in fact the car was not stolen. can he be found guilty of filling a false police report.

  8. #8
    Join Date
    Mar 2013
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    17,612

    Default Re: Car Seller Wants More Money to Complete the Sale

    Quote Quoting robert301972
    View Post
    For argument sack. Lets say he does report it stolen. And every thing goes to court. And it is found that in fact the car was not stolen. can he be found guilty of filling a false police report.
    Theoretically, yes.

    You might also have a cause of action for defamation.

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