Bill Of Sale Payment Issues

[jdmSiR]

Hey Guys, your help on this would be greatly appreciated.

I recently sold my car on friday the 8th of august to someone and on this document http://www.servicealberta.gov.ab.ca/...aleReg3126.pdf
for the payments we stated that there would be 3 split payments on 3 specified dates.

the gentlemen i sold this car to is not very happy with the hood, he claims that something happened and it came loose and he "almost died", thus i am worried that he will not pay me the rest of the money that i am owed.

everything is signed so i assume that by law he is to pay whatever he owes me? inform me if i am correct and please inform me of what he could do to get around paying me.

i am considering threatening him with legal action but i am not sure if i can?

your input would be great.

[CUG]

You're not giving him the vehicle until the total amount is paid up right? I mean... if you give it to him before, that would be... pretty.... dense right?

[jdmSiR]

sorry i should have included that, i did give him the vehicle before,
you see, i needed the cash as i was going on vacation for a week, and i just got back today.
he needed the car to get back and forth from work instead of using his 1ton.

now im out a car, and i dont have a way to get to work which is 20 minutes commute from where i live

[HiTempguy1]

Originally posted by jdmSiR
sorry i should have included that, i did give him the vehicle before,
you see, i needed the cash as i was going on vacation for a week, and i just got back today.
he needed the car to get back and forth from work instead of using his 1ton.

now im out a car, and i dont have a way to get to work which is 20 minutes commute from where i live

L
O
L.

Should have told him to wait, taken a huge cash advance out on your visa for the trip then just paid it off when you got back and collected the money from him. Sounds like you are SOL.

[jdmSiR]

"SOL" is not really the answer i was looking for, does anyone else have any recommendations about how i can get my money, not get my money back, but get the balance owing.

[JAYMEZ]

Did you write an agreement if he took your car that he would pay the rest amount due? If he doesnt pay , take the car back .. Did he buy the car "As is"? How do you know he didnt screw up the hood while he owned the car. Dont be a coward and call the guy and ask for the money , or the car back. And 99 percent of the beyonders will not give you a good answer.

[ExtraSlow]

A few choices:
1) Threaten legal action, but he won't believe you.
2) send some large men over to his house to threaten him physically, which is illegal.
3) Beg and plead, which isn't very likely to get you anything.
4) Have the car towed back you your place, and then let him report the car stolen and deal with the cops.
5) Report the car stolen yourself, and let him deal with the cops.

None of these are very good solutions.

Next time, if someone can't afford to buy what you are selling, don't let them buy it. If they need a loan, don't be the one to give it to them, make them get it from the bank.

[jdmSiR]

finally, i was waiting for someone like jaymez to answer my thread.

[pinoyhero]

Originally posted by JAYMEZ
Did you write an agreement if he took your car that he would pay the rest amount due? If he doesnt pay , take the car back .. Did he buy the car "As is"? How do you know he didnt screw up the hood while he owned the car. Dont be a coward and call the guy and ask for the money , or the car back. And 99 percent of the beyonders will not give you a good answer.

+1

[jdmSiR]

to follow up on that
i did write an agreement for the rest of the payment due, with specific dates.
he purchased the car as is, but if what i understand is corrent and the messed up the hood, whats the point of me taking the car back, i dont need another headache, he bought the car, he messed it up, his fault?

[BerserkerCatSplat]

If he bought the car as-is, then there is no reason for yo to take the car back, he could have done any number of things while owning it. If he doesn't pay, take him to small claims court.

Store that agreement somewhere safe, it's all that proves he owes you anything, and it had better have his signature on it.

[jdmSiR]

Yes there is a signature on it.
Is there any legal fees on my side if i wanted to go to a small claims court?

[eblend]

Hold on, i am confused. You said you are worried he won't pay you the money he still owes you.....well has the next payment date gone by already, or are you freaking out prematurely? Because from your first post it sounds like you are just worried about future payments. Why not wait till the date goes by, and then freak out. If it hasn't happened yet, why threaten him when he may have full intentions of paying despite the hood problem

[canuckcarguy]

Register a lien immediately at a registry agent. If he turns and sells the car to somebody else, good luck ever getting paid. Your bill of sale, though not ideal, constitutes a financing agreement, and you should register your interest immediately.

[Kloubek]

I would wait to freak out until he doesn't give you the payment.

If he does not, you have full rights to take him to small claims after doing your dilligence in attempting to get the money. If you win, which you will, you would have your fees paid for by him.

NEVER sell a car on a "payment plan". too many potential headaches.....

[jdmSiR]

okay, so the payment date has gone by, and he called me yesterday saying that he doesn't want to pay me the 1300 he owes me, instead he will only pay me 700 because he thinks i sold him a faulty car (which i didnt, he and his friend bagged it for an hour and everything was fine) and he wants me to either fix it up to his satisfied running condition and then he will pay me 2 split payments of 650 (FUCK THAT) or he will just give me 700 this Thursday and we'll call it even.

i want my 1300, i really dont want to settle for 700, what do you guys think i should do?

now that i think about it i did not write as is on the bos, however it states that a car has to be insured and registered to sell, it does not have to either pass an inspection, nor be to his specified running level in order for him to pay me my money, am i correct?

i mean once it is signed, thats it, it is final, he owes me money, and must pay whether he can afford it or not, and if he cant, i am able to take him to a small claims court, am i right?

[dooman24]

i think he owes you the 1300..
who the fuck is he to tell you he owes you 700??
he should of checked the car out before he baught it...
just cause he owes you money, it doesn't mean the sale isn't final.

if he signed a contract saying he's paying 1300 he should owe you 1300..

again.. he should of checked the car out before he decided to buy it. not every one can buy a used car and go back to the previous owner and ask for money back because they're not sastified with it.

[BerserkerCatSplat]

Originally posted by jdmSiR

now that i think about it i did not write as is on the bos, however it states that a car has to be insured and registered to sell, it does not have to either pass an inspection, nor be to his specified running level in order for him to pay me my money, am i correct?

i mean once it is signed, thats it, it is final, he owes me money, and must pay whether he can afford it or not, and if he cant, i am able to take him to a small claims court, am i right?

As I understand it from dealing with a situation like this one before, "As-is" means it was sold with no warranties given or implied. As such, you sold it as-is and you would be well within your rights to take him to court for the balance owing.

[Tomaz]

Unless you sold the car under false pretenses (fraudulent paperwork) you deserve the money. I was sold "as is" and anything he says otherwise is a joke. Doesn't matter what state the car is in.

I don't know why he is so bent up about it, i am still paying for a car that i drove 1 week since i bought it. (tranny, turbo, engine blew).

You deserve your money. If he keeps giving you the run-around, then get a lawyer, show him all the paperwork you have, and take him to court. Then he has the misfortune of paying you AND your lawer fees.

It may sound like a big inconvenience, but if your anything like me, you will want to get rid of scum like him.

[topmade]

"As-is" means just that. If your contract is properly written and signed by both parties, he is legally obligated to pay what he owes regardless of how much of a POS he thinks the car is. If he thinks otherwise, he can try to pursue legal actions to get some money back AFTER he has fulfilled his contract. I'll give him good luck with that because he's going to need it when he bought a used car "As-is"

IMO, try to bitch at him as much as possible and threaten legal action to try to make him pay up. Even write up or get a lawyer to write up a letter giving him one last chance to pay up or the next letter he'll get will be served to him for a court appearance.

Going to small claims should be your last resort, but don't wait too long before you decide to do it as you want things fresh in your mind.