stop payment on check
On Saturday my husband sold a vehicle.It was a private sale and the car was sold as is.The man wrote us a check for 1000.00 On Monday he put a stop payment on the check.He said the car was overheating and had to take it to a shop to be checked.What rights do we have as the seller? We are not only out a vehicle but we are out 1000.00. At this point we dont know what to do? Any help would be greatly appreciated.Will we have to pay for the transfer back? He has now had the car for 4 days.If he was driving it while overheatng, it could have caused greater damamge,and we dont want it back.Is this legal to cancel a check for property recieved? Thank you
1 Answer from Attorneys
Re: stop payment on check
"as is" means "as is," so as far as the strict letter of the law, if the engine blew up completely after title was transferred and the buyer took delivery, you'd be entitled to the money.
Did you have a written sales agreement that said, "as is"?
Did you make any statements about how the car ran?
Your basic remedy is to sue in small claims for the money. Even if you have a written "as is" agreement, however, the buyer may claim that you misrepresented the car's condition and the judge is going to have to decide who to believe.
If the buyer wants to keep the car, he may be looking to adjust the price by the repair costs, but if he wants to rescind the sale, he should return the car.
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