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I traded a truck for a truck with no money involved as is no

 
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  • Answered by:Alex Esquire
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Customer Question

I traded a truck for a truck with no money involved as is no warranty involved. The person who got my truck has caused damage to it and now is asking for his truck back. I drove the my truck 50 miles to meet him in good faith showing my truck was in good running order and he drove 50 miles to show me his truck was in good shape. After he caused damage he claims i knowingly traded him a broken truck even after he inspected it and he drove off in it.There wasnothing wrong with the truck I traded him except the minor expected issues of a 12 year old truck and there were problems with the truck I recieved but I fixed the issues with no complaints understanding it was a 12 year old truck I recieved. Does this person have any rights to ask for or get his truck back?

 

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State/Country relating to question: Colorado

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Its been 5 dys now and I've fixed the issues with my new truck ,isnt he responsible if he damaged the truck he recieved.

Submitted: 313 days and 16 hours ago.
Category: Consumer Protection Law
Value: $30
Status: CLOSED
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Expert:  Alex Esquire replied313 days and 15 hours ago.

Hello. My name is XXXX XXX I will be happy to answer your question.

Did you both exchange written bills of sale and titled for the vehicles involved in this trade?

Customer replied313 days and 15 hours ago.

There was no bill of sale because we traded signed title for signed title. I asked if we should do a bill of sale and his reply was(we dont need one because we have signed titles)

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Expert:  Alex Esquire replied313 days and 14 hours ago.

Thank you for your follow up.

Have you or the guy you traded your truck with, registered the trucks in your name?

Customer replied313 days and 14 hours ago.

I havent registered the truck yet,however my name is XX XXX back of title as buyer. The trade took place on July 5th @6:00pm 72hrs expired @6:00 pm on July 8th as he claims he had a buyers remorse for up to 3 days and notified me as of July 9th @ 11:00am he wanted his truck back. Note that He has done damage to the truck in which it would not of allowed him to drive it home had I given it to him in the condition he is trying to return it to me in. His statement verbatem (Come pick your truck up and drop mine off). I have no intention of returning it considering the fact that even though I recieved it in poor condition I have started repairs and completed some aftermarket upgrades to make it a reasonable running truck. I Plan to title it in my name today as soon as I pick up the money to do so but I don't plan on registering it for the street until all repairs have been completed so it will pass emissions etc. I have no clue what he has done to the truck I gave him as far as title or registatio goes.

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Expert:  Alex Esquire replied313 days and 14 hours ago.

Thank you for your follow up.

Basically, if the titles had been transferred the transaction is complete, however because there is no bill of sale that exist, it would be your word against the other guy's word as what were the terms of the trade.

However if you had started repairs on the new truck and also he had damaged your old truck, it would no be fair for you to simply swap the trucks back, but rather keep your new truck and if the other guy files a small claims lawsuit against him, you will be able to address the issues in court and it is very likely that you would prevail under the facts you have stated.

 
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