Text Messages in Car Sale

C

cao93

Guest
Jurisdiction
Florida
So I sold my car to a gentleman tonight. Signed over the title and he paid me with a personal check, which is pending in my deposits.

He informed me that on his way home, the engine exploded and he had to get the car towed. We were communicating via text message and I offered to take the car back for fear he would cancel the payment.

Am I legally obliged to take the car (that now does not run and requires thousands in repairs) back? Is it his problem, as the car was sold as is? What do I do if the payment does not go through?
 
First of all, private party sales are almost always "as is". So it's not your problem.

Secondly, you were stupid to take a personal check. Who sells a car, signs over the title and gives the car to the buyer with only a personal check in hand? That's insane.

How much money was involved?
 
Thanks @Highwayman . And yes, I know I was stupid. That's beside the point at this stage in the game.

The cost of the vehicle was listed at $8500, we agreed on $7500. His wife wrote me a check for $7500.
 
Technically the used car buyer would owe you $7,500 and be required to make good on the check. Canceling the check does not absolve a used car buyer of making payment on a done deal, even though you may have to make additional efforts to enforce the agreement. I'm not sure why you'd offer to take back the car - but you did. I can't say how you'd fare in small claims court. You voluntarily agreed to rescind the deal.
 
Thanks for your input, @Michael M. Wechsler. I offered to take back the car because it's a classic and I could sell it at a later date if the damage done could be fixed. Depending on whether or not the check clears, I will renegotiate terms of the rescind, but it looks like we'll probably end up going to court.
 
You don't even know what happened to the car. Was it just a random mechanical issue or was it negligence on the buyer's part - hmmm...
 

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