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  1. #1

    Question Can a Seller Decide to Take Back a Vehicle After Already Receiving Money for It

    My question involves a consumer law issue in the State of: Texas

    I purchased a vehicle from someone with the agreement that I would pay $900 up front (which I did and wired the money to her) and then when my tax return came in I would be the remaining balance of $600. She decided a week or so after selling me the vehicle and accepting the intial $900 that she no longer wanted to sell and wanted her vehicle back within 24 hours. I told her that i was not willing to do that and that I would wire her the remaining balance as soon as the return was put into my account but that I was not willing to give her back the car even if she wanted to give me back the $900. She has been harassing me daily since then and is now stating that if she doesn't get the vehicle back this evening that she is going to report it stolen. What are my rights and can she even report it stolen?

  2. #2
    Join Date
    Oct 2006
    Posts
    15,116

    Default Re: Can a Seller Decide to Take Back a Vehicle After Already Receiving Money for It

    Quote Quoting deannataylor
    View Post
    My question involves a consumer law issue in the State of: Texas

    I purchased a vehicle from someone with the agreement that I would pay $900 up front (which I did and wired the money to her) and then when my tax return came in I would be the remaining balance of $600. She decided a week or so after selling me the vehicle and accepting the intial $900 that she no longer wanted to sell and wanted her vehicle back within 24 hours. I told her that i was not willing to do that and that I would wire her the remaining balance as soon as the return was put into my account but that I was not willing to give her back the car even if she wanted to give me back the $900. She has been harassing me daily since then and is now stating that if she doesn't get the vehicle back this evening that she is going to report it stolen. What are my rights and can she even report it stolen?
    Anybody can do just about anything, the question will be whether or not you can prove the details of the sale. Did you get a bill of sale or anything else in writing?

  3. #3

    Default Re: Can a Seller Decide to Take Back a Vehicle After Already Receiving Money for It

    I have the receipt showing the wire transfer to her and I have all the communications we have had regarding the sale and price. I wasnt supposed to get the Bill of sale and title until i paid the rest of monies owed.

  4. #4
    Join Date
    Mar 2013
    Posts
    16,668

    Default Re: Can a Seller Decide to Take Back a Vehicle After Already Receiving Money for It

    Easy way out. Get your $900 back cash in hand and give her the car and keys and say bye bye.

    Next time you buy a car have all the cash and get the title signed over along with a bill of sale.

  5. #5
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,595

    Default Re: Can a Seller Decide to Take Back a Vehicle After Already Receiving Money for It

    Agree with Jack. Give her the car back, but make sure you have the money in hand. If she files a stolen vehicle report, she can be arrested for filing a false police report. This is a civil matter and has to be dealt-with in civil court, not criminal court.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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