Please help- Do I have a case?

[grace09]

Dear All, I really appreciate your advice on this

I agreed with the dealer to buy me a car from the auction which is sold under a green light(very good condition) but he bought a car unde white light(very many undisclosed serious problems). he lied to me that the car was bought as agreed but the next morning the car could not start.
I stopped the check but he came to me and told me that the car's problem is very easy let's go buy the needed spare part. I told him that it was his mistake that he bought a wrong car . I also told him that I can cooperate with you if you sell the car for a little less I can share the loss with you if you show me the original receipts you paid for and you sold for. He did get an offer for $5,000.00 but he wanted to make money on it and did not want to sell it
But he convinced me to pay for the parts for about $700.00. I had made him sign that if the car works I will deduct that money from the price. But then he told me the parts we bought did not fix the problem and the cat was still sitting. Now it's been more than 10months and he never answers my call.
Please advice, do I have a strong case to sue him to get my $700.00 back?

 

[dee_dub]

That's kind of confusing. Can you spell it out for me? What was the agreement about the $700? What was supposed to happen with the car after those parts were put in?

 

[grace09]

thanks for your reply.

the plan was that I take the car if it was fixed. I had made him sign that I would deduct that amount from the price of the car. But the car never worked.
I was even naive enough and agreed to him that let's not spend anything on it and sell it and I would be happy to share any losses with you(this was before i knew that he bought it under white light)

 

[dee_dub]

Sounds like you had two, and possibly three agreements. The first was for him to buy the car for you for $X. He bought you the wrong car, so you didn't pay. Fair enough.

I understand the second agreement was for him to fix the car, for which you would provide $700 for parts, and then sell it to you for $X minus $700. You provided the $700. He did not fix the car. I'd say he breached the agreement, and you're entitled to your $700 back. Sue him in small claims.

Perhaps you have a third agreement that supersedes this second agreement, or perhaps I am mistaken about the second agreement, and you're not entitled to your money back. I'm not clear on what this "share your losses" thing was whereby he was to sell the car to someone else. Please explain.

 

[grace09]

Many thanks for your time and help.

The third agreement was, I was so confused with the whole situation and told him to resell the car before we spend anything on it and I agreed to cooperate(not as an obligation) to share the loss if he sells it for less; eventhough I already had the check stopped and did tell him that he would never and ever have taken that kind of very obviously dangerous risk if it was for him and he was trying to take advantage of me.

I even had made him sign that if the car worked after the claimed fix and ended up taking it but if it shows any problem with in 60days I will return it back to him and get my money back.

He did tell me that he did turn down an offer which might have left me losing only $200.00 if I had to share the "loss". He is a business man and he definitely wanted to make money on it (which ofcourse he would not make me share the profit) but it did not turn out to be that way.

Much thanks again for your help

 

[dee_dub]

told him to resell the car before we spend anything on it

I even had made him sign that if the car worked after the claimed fix and ended up taking it but if it shows any problem with in 60days I will return it back to him and get my money back.

Did you take the car (on condition it worked) or did you not? I still don't understand what your deal was. And I've only had two beers. In the event you sue the dealer in small claims court, you are likely to have a judge who is tired, cranky, and pushing the legal limit, if not over it. You will need to explain this as clearly as possible to the judge.

I already had the check stopped

What check - the check for $700? If so, what is it you want back?

Bottom line, if you paid $700 and you got nothing, and he won't give you the money back, sue him in small claims.

 

[grace09]

I am sorry for not trying to explain things well. Let me please try once more
He did leave the car in my place in the condition it worked and I gave him a check for $6,700.00 but after it could not pass emission and then it totally could not start the next day, I stopped that check.

despite my colleagues suggestions no to deal with him after he failed me once he made me feel bad form him that how the next two agreements followed.

1. paying for the parts on a condition and

2. my willingness to cooperate to share losses if he resells the car before we spend anything on it as i described it above

My only concern is would this second agreement jeopardize my case. Though I do not believe I have any obligations to him and that was due to my continuous naiveness and his manipulation

Again, I really appreciate your help

 

[grace09]

I am sorry for not trying to explain things well. Let me please try once more
He did leave the car in my place in the condition it worked and I gave him a check for $6,700.00 but after it could not pass emission and then it totally could not start the next day, I stopped that check.

despite my colleagues suggestions no to deal with him after he failed me once he made me feel bad form him that how the next two agreements followed.

1. paying for the parts on a condition and

2. my willingness to cooperate to share losses if he resells the car before we spend anything on it as i described it above

My only concern is would this second agreement jeopardize my case. Though I do not believe I have any obligations to him and that was due to my continuous naiveness and his manipulation

Again, I really appreciate your help

 

[dee_dub]

I still don't understand the terms of this third agreement. But before you get frustrated, let me say that that might work in your favour. If neither you nor the dealer can coherently explain what this agreement is, then maybe there IS no agreement. You sue him for the $700 because the car didn't work. If he doesn't want to pay, he will need to explain to a court why he should keep your $700.

Frankly, I see no good reason why he should be entitled to your $700. I haven't the foggiest what this "share his losses" thing is about. Even if it can be explained, it might not be something you are bound by. What are you getting out of this deal? Nothing, as far as I can tell. You're paying him something ("sharing his losses") and getting zip. A contract requires "consideration" - i.e. you have to get something out of the deal, or you are not bound by it. Otherwise it's just a promise, and you're free to back out any time.

 

[grace09]

Thank you so very much and God Bless for your help. That is what my hope is. I am going to file my claim soon. thanks agin