Legal Question in Consumer Law in Illinois

contract law

Two months ago I agreed to sell my car to someone. I still have the title in my name. I wrote a bill of sale that we both signed, that stated that the buyer would pay me $5500 on October 7. $3500 was to be paid on November 5 and an additional $3500 on December 7. To date the buyer has paid me a total of $300. Today he told me that he has spent over $8000 repairing the car and that he'll let me have it back for half of that - $4000. The car is in the possession of the person who supposedly did the repairs.

I really don't want the car back but I don't think that I'll ever get paid. If I demand it back from the repair shop, I'm sure that I'll get stuck for the repair bill. What can I do?


Asked on 12/01/08, 7:33 pm

1 Answer from Attorneys
Motty Stone Law Offices of Motty Stone

Re: contract law

If you did not order the repairs, then you are not responsible for them. Unless you lied to the buyer about the condition of the car, then you can probably still enforce the bill of sale. Your problem is that you have to enforce the contract, which may not be worth doing if the other party has no money.

For the amount of money at stake ($5200 outstanding) it is probably worth filing a lawsuit in small claims court if you think you the buyer has some money.

Please feel free to give us a call if you want to talk.

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Answered on 12/02/08, 9:04 am


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