We need legal help asap!! please help i don't know where to start. -UPDATE 1--

MommyLovesSparkleMommyLovesSparkle
edited November 2012 in Not Pregnancy Related - NPR
So we were desperately in need of a car. I told my bf whenever you buy a car off someone YOU get it in writing that everything is okay with the car and not broken etc. Well he found a car off Craigslist the other day went to check it out and since were desperate they agreed on a down payment of 1,500 then 500 a month until the 2600 is paid. The seller ended up getting my bf's signature saying he'd do the payments and the seller has the contract. My bf told him a million times that he has a kid and an almost wife and kept asking if the car wasn't broken and the guy said its fine. He has a kid and the only reason he's selling it is because he bought a new car (blah blah) so my bf put the 1500 down (i wasn't present because i would've never let him buy it) and while he was driving home from work the brakes started screeching, some light was on, and the transmission stopped working(I'm pretty sure it was the transmission) . My bf called the guy and the guy basically said he was lying (which he wasn't) and says if we take him to court we'll lose. Anyone have advice. Were only 20 and have no idea how to go about this :( we were supposed to get our own apartment and everything this month now everything is screwed because of this guy i just want to cry :'( please help :'( :'( :'( :'(
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Comments

  • Kimberly4411Kimberly4411
    Did your boyfriend get a copy of the paperwork? You're gonna want to get ahold of it if not, hopefully he's learned his lesson, we have sold several cars on craigslist, both parties get the same contract with both people signing it
  • MommyLovesSparkleMommyLovesSparkle
    @Kimberly4411 no he didn't :( he was in the heat of the moment and i guess it slipped his mind. The guy is also holding the title until we pay it off were so screwed :(
  • MommyLovesSparkleMommyLovesSparkle
    http://lasvegas.craigslist.org/cto/3375915864.html

    Here's the ad if it makes a difference maybe someone can take a screen shot of it and email it to me?? Hisangel710@gmail.com My phone won't let me take a screen shot
  • starrxoxo9starrxoxo9
    There's really not much you can do. He should have demanded a carfax report, and he should have taken it to a mechanic before he agreed to buy it. Basically it's your word against his. And if someone is selling something "as is", it's your risk. "Buyer beware"...
  • NylasMommyNylasMommy
    Did ur bf test drive the Car before buying it?? Normally, if u buy a Car off the streets its sold As Is unless u get everything in writing. Im sorry that someOne Cheat u guys for ur money.
  • Kimberly4411Kimberly4411
    Sent! He needs to call (nicely) and say he'd like a copy, if the guy isn't willing to give him a copy the authorities need to be contacted so that its on record
  • Kimberly4411Kimberly4411
    @starxoxo9 @nylasmommy it depends on what that paper says that he signed, i'm sure it says as is and no refunds but it could say something different
  • MijitaMijita
    edited November 2012
    File a police report and call the guy and tell him you'll take him to small claims. Your outcome is very dependent on the contents of that agreement. You need to file a police report to document a timeline because if the guy sold that car under false pretenses, then you may have a case. Also take a screenshot of the original ad.
  • NylasMommyNylasMommy
    Yes it could say something different but the Car is 2600. Im sure he was tryna get rid of it bc of the Car problems. And since shes upset im sure theres no refund.
  • sehra4177sehra4177
    You have to careful...this guy still has the title? He can easily call the cops and say your bc stole it. He has no receipt that any.money was given?? Not a good situation at all. My friend did this and she was really young at the time and the person said she stole the car. How do you even know its this guys car?? Did he even see the title? (Your bf?) It could be stolen and this guy is selling it. I'd call a lawyer ASAP
  • namelessnameless
    Yeppppp!!! ^^^^^^^^
    I really hope this wasn't a stolen car
    :( hope things get better!!
  • captivatedcaptivated
    You are likely sh*t outta luck. Private sales are considered as is. I'd need to see a copy of the agreement though.
  • Jess510Jess510
    Doesn't look good I'm sorry
  • MommyLovesSparkleMommyLovesSparkle
    @starrxoxo9 i know :( if i was there with him i would've told him not to buy it at all.

    @nylasmommy yes he did and he said it drove good then, but when he had to drive a distance that's when it started breaking down.

    @Kimberly4411 thank you so much! I'm not sure what the paper says but I'm pretty sure its only about my bf paying him out in payments. Ill have to ask my bf when he wakes up.

    @Mijita i had the screen shot sent to me which is so great, i was thinking something along those lines. Ill let you know what exactly he signed when he wakes up.

    @Sehra4177 & @nameless that's the first thing i told him. The seller said he'd hand over the title once its paid in full. My bf told me not to worry because there is proof he bought it (this makes me so mad i really think my bf is clueless) &thanks nameless, it seems like we've been getting shitted on for weeks now :(

    @Captivated I agree, i would love to see it too.

    @jess510 i know :( it wasn't alot of money but we were saving up to get on our feet finally.


    Does anyone know if we have to continue to pay this guy.... he has the document saying that we'd pay but he basically lied to us and i really don't want to pay anymore.


  • EzrasMommyEzrasMommy
    If hw signed something saying he is going to pay, he has too. And unless the agreement said there was nothing wrong with the car it doesn't matter if he lied. It's just his word against yours, no signed documents. I'm sorry this happened :(
  • EzrasMommyEzrasMommy
    If you don't have a title and signed an agreement it could end really badly for you if you don't pay. He could easily report it stolen if he's an ass, which it seems like he is.
  • captivatedcaptivated
    Yes :( he has to pay. I'm sorry hun. I'd sue him to get a copy of agreement.
  • MommyLovesSparkleMommyLovesSparkle
    @ezrasmommy & @captivated i see, i just can't understand how he can be so heartless to risk a child's life in such a horrible car, he could've at least told us what's wrong. This world is seriously so cruel and all about money.
  • MommyLovesSparkleMommyLovesSparkle
    & captivated how do we go about suing him to get a copy of the agreement (sorry i just have no clue about any of this i barely know what court terms mean.)
  • MommyLovesSparkleMommyLovesSparkle
    Oh and once we have the agreement what do we do with it?
  • babyinblack682babyinblack682
    No way would I pay if anything I'd take the car back and walk away. You would be out the money but probably better off in the end
  • Math_MommyMath_Mommy
    Aside from anything spelled out in the contract (an explicit guarantee ...which no seller of a used car in their right mind would ever do), used cars are "as is" sales. To recover any money from him, you would have to prove that the seller knew something was wrong (for example, he knew the check engine light was on).

    How sure are you that it is the transmission? Squeeling could've been from a belt about to snap. The car suddenly dying could have been because the alternator stopped charging the battery... So, I would start by having it towed to a reliable mechanic. If it is the transmission or anything else where the repair is more than the value of the car, you may be able to legally return the car in lieu of making any more payments while you initiate small claims proceedings. Idk, you really have to know what's wrong with the car first!
  • Mallory27Mallory27
    Does it say in the contract that the guy had your man sign that the car was in good shape and working? Because obviously it isn't working so maybe you can get him with that?
  • MommyLovesSparkleMommyLovesSparkle
    @babyinblack682 i was thinking that. I feel like he would just try to sell it again and screw someone else over.

    @math_mommy the check engine light was the light that was on. How would i prove that he knew about it? And my bf said the transmission don't shift. We are taking it to a mechanic to make sure.

    @mallory27 and everyone i found out what's in the contract.. my bf is really a dumb ass....... it says : no returns, sold as is, the car would be 2,700 and he made a payment of 1,500 down and 500 a month until its paid off.
    And my bf didn't think (even though i tell him over and over again ) to get a signed contract too!! Ahh i don't know what to do i wouldn't be getting so worried if we didn't need the money :( but its,like every dime we get we need since were trying to get an apartment and a car plus bills, food, etc. i just want to keep yelling and my bf and cry but that's not going to help. And the horrible part is that were good people, every time someone needs us were always there, every time we see a homeless person on the street we buy them food and food to last, we give people money, buy people things they need etc.. I can't even tell you guys how many times we got shit on in October also. We don't deserve this we really are good people!
  • julesjules
    Well if u can't get a contact from the guy I'm not sure how ur bf has been communicating with him but anything in an email or text message can be used in court now days so I would somehow try and get him to say that he has the documents that say nothing is wrong with the car and how u have an agreement of certain amount down and rest is payments that way u can take him to court and he won't be able to say u stole it.
  • MommyLovesSparkleMommyLovesSparkle
    @Jules I'm pretty sure he won't say that because he has the contract stating that were going to do payments and put 1500 down. He communicates with him through calls and text ill tell him to save them.
  • perlyperly
    Ask your bf to ask for a copy of the agreement. If the guy is stupid enough to give your bf a copy of the agreement WITHOUT his signature (the seller) then the deal is off. You can return the car and he has to give you the money back. But, that would basically be the only way to fight back and actually have a case
  • MommyLovesSparkleMommyLovesSparkle
    Oh okay thank you @perly
  • [Deleted User][Deleted User]
    I would look into small claims court because the ad clearly states that the vehicle runs good. If it is running at all park it keep tract of all dates of note and file a claim. If he is smart he will just refund your money otherwise he falsified he ad.
  • MijitaMijita
    Police report, the sooner the better! He's going to need as much documentation as possible to support his claims.
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