Tips on Buying Cars: Car deal gone bad, car deal, bill of sale


Question
Here's the situation: I recently purchased a car from Texas and drove it back to Florida. After getting it back to FL I've found that the car has many issues. I've spoken with the seller over the past 2 months and he's always stated that the car had no issues whatsoever. I've contacted the seller and let them know of the issues and that I wish to transport the vehicle back to them. I paid for the car with a cashier's check from my bank that I have since canceled. There is no bill of sale for this deal and the seller still has the title to the car. What are my options? Advice please?

Answer
Hi Aaron: Wow, lots of possibilities on this one. I assume that this is a private sale. If the seller is willing to take it back, then there is no issue except how to get it there, and who would be responsible for payment etc. If he is not willing to take it back, then you have another issue altogether. By the seller still being in possession of the title, does not affect this at all. Most states give a certain time frame to complete a title transfer. But if you have a Bill of Sale that states that you are purchasing the vehicle "As-Is", then you are the proud new owner. If you stopped payment on the check, and he can prove the as-is agreement, you may be leaving yourself open for charges, or at least a civil suit. You then have the matter of jurisdiction. That is, what State's laws are applicable in the matter of this sale. I believe it is Texas. Before you spend any cash on a lawyer, I would try to communicate with the seller, and reach an agreement that would be suitable to you both. Maybe he'll take it back if you pay to get it there. (Not a bad deal if you think you could be stuck with something you don't want). Maybe if the issues with the car are repairable, he would agree to make a small price adjustment if you make the funds good. It will be a "give and take" to make it work, it seems. Last but not least the lawyers can go at it, but I believe the seller has the upper hand here. Please let me know how it turns out. Without any more info, I can't me of much more help.  Thanks, and best of Luck, Jim Sears.