my husband and his friend had a deal to buy a car because me and my husband are low on money and we'd pay the friend back. so we bought a car and paid 800$ upfront and were told we could get the title the next day and pay the other 400$ because the car was 1200$. and now we have the car but no title and our friend who was supposed to pay isnt to be found and isnt answering anyones phone calls and is blowing us off. and we were going to return the car for the 800$ but the guy already spent the money. so we dont know what to do
1 Answer from Attorneys
Do you want the car, or the money back?
If you want to keep the car and the deal was all word of mouth, see if the seller will be willing to take your promissory note for the balance over time as long as you get title now.
If you want your money back you may have to sue the seller but have to give the car back.
The seller could also sue you for the car back if the seller can prove the deal was $1200 and you failed to pay the balance.
The seller is exposed to potential liability for holding the title if you are driving the car and it is involved in an accident that injures someone or damages somebody's property; that should be an incentive for the seller to work this out with you.
If you're not sure how to handle it, get an attorney involved who can send the right messages.
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