Legal Question in Real Estate Law in North Carolina
Over Thirty days ago I wrote a check for $1000.00 as a down payment on a car. They are now calling me saying that they can't find my check and asking me to write another one. I have already paid my first car payment on the car. If they did misplace my check and that much time has past, do I legally have to write them another $1000.00 check?
1 Answer from Attorneys
You have an obligation to pay for the car and if the check has disappeared and has not cleared your account, then yes, you do have to issue another check or come up with the payment.
Make sure that you stop payment on the first check BEFORE you issue a new check since the first one was lost or stolen. Your bank will require a written stop payment order. Maybe ask the dealer to pay for any stop payment fees as the check was lost or misplaced through their negligence or get something else (like a free oil change or service call) as compensation.
If the check has cleared your account, then you need to get a copy of the front and back of the check showing that the dealership received payment and provide the dealer with the evidence.
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