Hey guys.

As some of you know already, I recently "sold" my car. The buyer is halfway through paying the full amount, But has been very flakey (trying to get out of paying the monthly payments ontime) (btw i still hold the title under my name)

Every month on the 13th the payment is due, untill the car is fully payed off.. We had it all Notorized at the bank.

Well He calls me on the DAY the payment is due and says he doesn't have the full amount. (He did this the last couple months as well)

So i tell him to bring the vehicle to me for a couple days at least untill he can finish paying it off.

He hands the phone over to his dad who starts going psycho on the phone screeching and yelling at me. I couldnt even get a word in!

I hung up.

I haven't recieved any calls back from Cody. Or his dad (david Agust) (not that it's his business anyways, Contract is set up with cody, not his dad.)



I wanted to let you all know whats going on, and that you keep your eyes open for my car.

It's a very clean (i hope it sill is anyways) red S5 rx7. with blingy wheels (lol)

racing beat ehxuast.. It's a nice car can't miss it.

As of today the car is illegally in his hands. I hope it doesn't come to this, but I will be filing a stolen vehicle report shortly.

Here are a few pics for those that haven't seen them.

Thanks guys!!!

 

I know things like this suck, but be careful about a stolen car report. Sounds like you documented the sale well, but hopefully you spelled out exactly what would happen in the case of a default. If it isn't clearly defined in your paperwork that you are entitled to reposession in the case of late or missed payments then the police will probably tell you it's a civil matter now, not a criminal one. That means on top of having a crap buyer who is not upholding his end of the bargain, you will probably have to also foot the bill for suing the guy in a civil suit to get a judgement for the rest of your payment. Even after you have a legal judgement in your favor, actually getting paid can still take forever, and possibly never! Selling cars to private parties has just become a nightmare over the last decade or so, with most of the situations seemingly favoring the guy who is stiffing you on the car. Handle it as diplomatically as you can, even if it gags you to have to do so, because the best outcome is still for him to come up with the money even if it turns out to be late. Any other course is likely to cost you money at least in the short run and possibly in the long run as well. Private parties, for the most part, are simply not in the best position to take payments on a car. For me, if I'm not selling to a personal friend then it's cash on the barrelhead. If the buyer wants to buy the car on borrowed money then they can borrow from the bank, who has contracts, lawyers, and financial ability to crush them in court if they default. Good Luck.

 

Wow, this sucks. Do you know where he lives? I would go take it. That may not be the wisest thing to do though.

 

I agree with Boswoj. What does the paperwork say in the case of a missed payment?

Since you still hold the title, I'd think the police might be able to get it back for you.

Anyhows.. yeah, this is why I wouldn't sell a car without a full payment up front.

 

If you have his address and the contract that was signed, call the cops to report the vehicle stolen, explain the situation, give them the address. Then go to the house with the cops and take the car back until he finishes paying you.

 

That's true, but I still think it's worth contacting the cops and explaining everything to them, possibly going over the paperwork with them to formalize the process.

 

the realquestion in my mind is do you still have a key?
if so while hes at work/school/the store/etc take it back.
sorry for the bad sale. hopefully it gets better

 

Cody...the kid who worked for Chris at GT Garage? Is he 18 yet? Anyway, he seemed like a good kid and perhaps you should give him more rope before you hang him. I sold him a car a couple years ago (cash up front) and it worked out well. Also keep in mind that (according to my insurance agent), once you give someone permission to use your car you can never actually revoke it. Perhaps that's BS but the agent was adamant that I know the implications of loaning my car to a friend a few years ago. If he later came and "borrowed" the car, that's exactly the way the law would look at it; not as "stolen". It would seem that your payment plan is that he does not "own" the car until it's paid off, and that you are loaning him the car until that happens...seems legitimate to just take it back and if he calls the police, you have proof of ownership. However, I am not sure why you didn't just sign over the title with yourself as a leanholder, which gives you a position to reposess the car officially. It might have been the better option. Then you could contract with a repo guy to fetch it back for you. Just a thought. I have no legal training in this matter, so you might want to talk to a lawyer before making a move. And perhaps you should at least send him a written notice of delinquency and your intent to recover the car.

 

Hi Blake yep its the same kid. Were a very disappointed in him ripping off a good friend of the shop. She took a chance and personal risk and got screwed....

Were keeping an eye out for the car anyone see it please post your findings.