What to do if I’ve sold a car to a used dealership and 6 days later they are telling me that the check engine light came on and they want a refund?

We did not sign a contract. He wrote me a check for $8800 and already changed the title of the car. He also processed the notice of change of liability online on the spot. When my wife asked for a contract, he told us that it is not needed and the check is the contract. He told me that since it is a major issue with the car, they are entitle to refund. I deposited the check couple of days ago but if they put a stop payment on the check, what are my options?

Asked on August 2, 2012 under General Practice, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the car dealership is now contacting you about wanting to cancel the purchase of your vehicle where you were paid $8,800, you are under no obligation to respond. By your actions with the car dealership you have a sale where money was transferred to you and title was transferred to the dealership.

Since a stop payment has been placed on the check, I suggest that you consult with an attorney experienced in contract law to assist you in your matter. The dealership had the ability to have one of its mechanics to thoroughly inspect your vehicle before it was sold.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the car dealership is now contacting you about wanting to cancel the purchase of your vehicle where you were paid $8,800, you are under no obligation to respond. By your actions with the car dealership you have a sale where money was transferred to you and title was transferred to the dealership.

Since a stop payment has been placed on the check, I suggest that you consult with an attorney experienced in contract law to assist you in your matter. The dealership had the ability to have one of its mechanics to thoroughly inspect your vehicle before it was sold.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.