silentsir

so i recently sold my 97 civic coupe with 400k+ on the body but engine is swapped with another d16y7. 100K+. my problem is now the person that bought the car doesnt want it anymore. now he wants to return it. i sold the car for 1500 at first but he didnt have enough money so i offered it for his price of $1000. i told him it needs to get the safety and emission. the car needed the parking break fixed and the interior dash light fixed. thats it. now he wants me to give back his money and he returns the car back to me which i dont need coz bought another car.

my question is do i have the right to refuse the buyers returning the car to me?? he gave me $400 out of the $1000 he owed me. so he still owes me $600.

needs some info pls.

FiveO

Buyer's remorse is his problem, not yours. You are under no obligation to take the car back, and he still owes you the remaining balance of $600. You may need to be prepared to go to Small Claims Court to get the balance owing.

Alternately, if he hasn't changed the ownership yet, you could take the car back and consider the $400 already paid to you as a nonrefundable deposit. That's risky though because you don't know what he will have done with the car in the time he has had possession of it.

miss_jess

iTrader: (2)

^^ agreed!



... why would you give your car to someone who hasn't paid in full?

purposebuilt

did you draft up a bill of sale?

silentsir

i didnt signed the ownership to him yet coz he didnt pay me the whole amount yet. and no i didnt do any bill of sale.

miss_jess

iTrader: (2)

who has the car? you or him?

silentsir

he has the car already. he wants to tow it back to my house!

miss_jess

iTrader: (2)

so tell him to tow it over... the car doesn't belong to him yet. Tell him the
"down deposit" he gave you is nonrefundable.

He has 2 choices, give the car back and be out $400 plus the tow bill OR give you the $600 that he still owes you, you sign the ownership over and its his problem.

silentsir

wont i have to return the money coz hes returning the car??

purposebuilt

nope... he's took the car from your possession... like a rental car.. who knows what has has done to it... consider it a deposit..

silentsir

this was my 1st time selling a car privately. so i didnt go and get a bill of sale from the ministry yet. does it matter?? and even though i didnt sign the ownership as yet coz he didnt pay the whole amount as yet??

Adair

I'm not sure if this will help, but you might find something on the MTO site, if you haven't checked it already.
Buying and Selling a Used Vehicle in Ontario

MPR

Always ALWAYS write up a bill of sale!!! and have both seller and buyer sign and date it. Include the VIN # as well as the terms and conditions of the transaction.

I don't know what can be done if there is no bill of sale. Sure he can give you the car back and you can give him his $400 back. But saying that was a non-refundable deposite may not hold up as there was no bill of sale that stated such.

It would also depend on what kind of verbal agreement you had with the buyer.

Cablerat

The car and the money are yours if he doesn't want the car.

Now if you want to be a nice guy, sure you can refund.. Tell the buyer you had other buyers waiting for it and you had to push them away.

Remember a deposit exists for a purpose! This request defeats the purpose..

Cablerat

Wait I just read you gave him the car, but didn't sign the ownership..

Dude, why would you give him the car?? Your liable for it right now.. It could be getting parking tickets and god knows what right now and it's all under your name.

a little bit of research can save you so much hassle.. lesson for all!!

silentsir

so i guess im going to court...yay!!! he wont give my money or my car!!! my poor car. i should have just kept it!!

miss_jess

iTrader: (2)

Oh boy! Sorry you have to go through all this. At least it is a lesson learned

Need any advise or to vent, we are all here to listen

rick10

if he wants to be a dick , then be one to

Go to the police station and report the car as stolen. Say you gave him the car to test drive it and now he doesnt want to return it.. And yea since there is not agreement just say he only gave you 100$ ( keep the other 300$)

screw him man , he wants to play dirty then go for it...

Technically he is not the owner of the car, so if the car still belongs to you ( as the papers say) , plus he has not way to prove the he gave 400$ and he doesnt want to return it , it is time for you to say the car is now stolen ..
You are not really lying

Actually it is the best idea to report the car stolen as you dont know what he may do to the car ( parking tickets , etc ,etc ,etc) , better be safe now ... Have it on paper that he has your car and does not want to return it

rick10

BTW,, you dont have to take him to court .. If anything the one who has to all that its him

You never signed anything , the ownership still under your name... If he wants his money back then he would have to court to get it... In the other hand you dont have to go to court to get a car that it is still under your name , furthermore there is nothing on paper saying that he gave you money

This is not a court case for you , it is a case for him... All you have to do is go to the police station and talk to a cop . To me it looks like he stole your car.


Now , have you try to negotiate with the guy??.. Tell him the car will be report it as stolen and that you are not responsible if he gets a record... Maybe try to settle for a fair amount (for both) ... 400 is 40% of the price tag of the car, why not try to lower to 30% or 20%??... Just a suggestion to avoid all this hassle

HabaneroRed06Si

I hope you rememebr this lesson before you purchase a house...or get married