car deposit

[Mikkimason]

Jurisdiction

Nevada

My name is Mikki I have a private party a 600 dollar deposit on a truck, with the agreement that I would pay the other 600 in 30 days, I paid his ex wife with a cashiers check and she wrote the agreement as fallows Recieved on Feb 3, 16 600 deposit for 1996 Dodge Ram as is and the remainder to be paid in 30 days. That's it no vin nothing, on Feb 23 I took a check from my bank for the remaining 600 to the seller, he would not accept my check saying it was a fake check, he said cash only, I wanted to keep record or this sale because I found out the actual title of the truck was in his son in laws name, hence my worry of who actually owns the vehicle he said his son in law signed the title but accused me of trying to use a fake check, after being accused of this 4 times I said just give me the deposit back your forfeiting the sale. I have dealt with 3 separate people in this sale the son in law was never there in my presence to say he was ok with the sale, and as I stated his ex wife wrote the note or contract, I never agreed for him to keep 600 dollars because I knew I had the other 600 but he would not except my payment in check and demanded cash, I'm not giving anyone cash after dealing with 3 separate people. Nevada state law says nothing to the fact that a deposit in non refundable and I need to know what my rights are on dealing with 3 separate persons, by the way I dealt with his ex wife because he was out of town and his daughter didn't want to put the sales receipt in her husbands name, even tho her husband the son in law was on the title and not the individual who was selling it to me.

 

[Highwayman]

...I need to know what my rights are on dealing with 3 separate persons...

As soon as you realized you needed to deal with three different people, including an ex-wife, you should have walked away.

Any private seller who lets you pay in installments is also something to run away from.

 

[Mikkimason]

As soon as you realized you needed to deal with three different people, including an ex-wife, you should have walked away.

Any private seller who lets you pay in installments is also something to run away from.

I did not know about the son in law until I went to pay the remaining 600 and when I was told this I wanted to pay with my check to keep record in case something was amiss and the man flipped out. But my agreement says nothing as to him keeping the deposit and he broke the agreement by refusing payment.

 

[adjusterjack]

I found out the actual title of the truck was in his son in laws name,

You mean you didn't look at the title before handing over money.

Now you know how foolish that was.

 

[Mikkimason]

Look I know what was foolish and no I did not look at the title, I did not post here for you or anyone to point that out, I posted on advice for Nevada law and statute on deposit refund. The gentleman was old I took his age for honesty but and the son in law being on the title did not come up until 2wks later, so if no one has actual legal advice why comment is that not what this group is for or is this a group with absolutely no actual lawyers on it?

 

[d1amund]

Do you doubt that they have the legal right to sell the vehicle? If so, file a suit in small claims court to try and recoup your 600 dollar deposit. In Nevada the filing fees are quite small and no attorney is required. Just show up, dress professionally and explain the situation in a calm and clear manner.

If you feel they have the right to sell the vehicle and legally transfer title to you and it's the vehicle you want, why not use cash? Make that part of the contract wording. Honestly if I was a seller I wouldn't accept a personal check either...if that's what you meant by a "check from your bank".

The sale is stated "as-is" right? It doesn't matter if you use cash or personal check, "as-is" is "as-is"...you're not getting your money back either way unless fraud is involved and you sue them in small claims court based on that. You're also not getting any type of warranty with either payment form so why does it really matter?

Unfortunately, and I'm assume here, you are a female...they may be trying to bully you or take advantage of you because of this. Bring a male with you and see how it goes. Just don't get involved in any type of altercation that may lead to violence, 600 dollars isn't worth the ramifications of that.

 

[army judge]

My name is Mikki I have a private party a 600 dollar deposit on a truck, with the agreement that I would pay the other 600 in 30 days, I paid his ex wife with a cashiers check and she wrote the agreement as fallows Recieved on Feb 3, 16 600 deposit for 1996 Dodge Ram as is and the remainder to be paid in 30 days. That's it no vin nothing, on Feb 23 I took a check from my bank for the remaining 600 to the seller, he would not accept my check saying it was a fake check, he said cash only, I wanted to keep record or this sale because I found out the actual title of the truck was in his son in laws name, hence my worry of who actually owns the vehicle he said his son in law signed the title but accused me of trying to use a fake check, after being accused of this 4 times I said just give me the deposit back your forfeiting the sale. I have dealt with 3 separate people in this sale the son in law was never there in my presence to say he was ok with the sale, and as I stated his ex wife wrote the note or contract, I never agreed for him to keep 600 dollars because I knew I had the other 600 but he would not except my payment in check and demanded cash, I'm not giving anyone cash after dealing with 3 separate people. Nevada state law says nothing to the fact that a deposit in non refundable and I need to know what my rights are on dealing with 3 separate persons, by the way I dealt with his ex wife because he was out of town and his daughter didn't want to put the sales receipt in her husbands name, even tho her husband the son in law was on the title and not the individual who was selling it to me.

You start by writing a demand letter requesting the seller return your $600 to you.

Of course he'll ignore you, so send it via certified mail, or overnight delivery and get a signature returned to you, or proof.

Then you look up small claims lawsuit in the sellers county.
You sue the person who accepted the $600.
No one is required to return a deposit because a potential buyer demands the money to be returned.
A court can help, a little bit
If you prevail in small claims you'll receive a judgment, upon which you can try to collect your $600.

It won't be easy, so expect to be thwarted.

In the future, don't leave a large deposit, in fact I recommend leaving a deposit no larger than a dollar.