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I recently put my 2004 Jeep Liberty up for sale for $2000. I…

I recently put my...

I recently put my 2004 Jeep Liberty up for sale for $2000. I had a buyer to come forward to purchase it on March 3, 2018. I explained to him that it has been sitting in my driveway for six months without being driven. He test drive it with no issues and agreed to purchase it. He only had $1200 so I wrote out a bill of sale that listed the vehicle sold as is with a down payment of $1200 and payments made monthly on the third of each month until paid in full. Once signed and agreed on, the buyer drove the vehicle from Temple Ga to Douglasville Ga. Three weeks later the buyer is refusing to make payments because he states that there is a problem with the vehicle. My husband and I are constantly receiving calls from his mom about the car. I requested cash only for the payments but they insist on trying to make payments when feel like it and how they want to. What rights do I have as the seller of this vehicle? What steps should I take?

Lawyer's Assistant: What steps have you taken so far?

Him and his mom agreed to meet me at the police station in Douglasville with the vehicle because he no longer wanted the vehicle because he said that he couldn’t drive it to work. I had my husband and and officer present for the meet. Once everybody was there his mom requested the money back and I told him there is no refund but I would be more than happy to accept the Jeep back. The officer told them that it was a private “as is” agreement so they could not get the money back. They decided to keep the Jeep but do the payments. Once I got home the buyer decided to let me know that he had a problem with making the April 3rd payment because he is working third shift. It’s a complete nightmare!

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

State of Ga and the purchase was made on March 3, 2018

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The buyer keeps stating that the car is not drivable but he drove it from Temple Ga to Douglasville Ga after the purchase. He also drove it to the police station yesterday with no problems.

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Answered in 2 minutes by:
3/25/2018
KnowYourRights
Category: Consumer Protection Law
Satisfied Customers: 32,766
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Good morning. This is a civil matter, not criminal, so the police should not get involved. If they are failing to pay as agreed on the note/agreement, you would have to file a civil suit against them and sue for the money or the return of the vehicle. It was not a good idea to trust a stranger and work out a payment plan with them, and if they did not have the $2000, you should have refused the $1200 and made them get the money, for this very reason. They are going to try and use the jeep and any issues with it as an excuse to not pay but the vehicle was sold as is and they took it in its current condition and you are not liable.

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Customer reply replied 4 months ago
if they refuse to make the payment on April 3, 2018, do I have the right to repossess the vehicle? Also, I only had the officer there to make sure nobody tried anything. Nowadays you have to be careful.

If they refuse the make the payment when due, they would be in breach and you can make a demand. If they do not pay, you can sue them but if you sold the Jeep to them and they are the owner, you can not use self-help to just take it back, if title is in their name and repossess it.

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Customer reply replied 4 months ago
The title is in my name and still in my possession until they pay the balance.

It would be at your discretion then to just take the vehicle back. The issue is that you are using self-help, they paid you $1200 already, so unless your agreement with them allows this and says they will forfeit it, what you plan to do is not necessarily illegal and they can call the police and report it stolen or sue you.

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Customer reply replied 4 months ago
Okay. Thank you.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

KnowYourRights
Category: Consumer Protection Law
Satisfied Customers: 32,766
Experience: Experience protecting consumers against unfair, deceptive, or fraudulent advertising, marketing and financial practices.
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