What can I do if the individual I am buying a car from does not honor our agreement?

I’m buying a vehicle for $1000 down and pay out of $1500 from an individual. The vehicle does not run, so we agreed to deduct repair cost from balance. Now I have $2300.00 in repairs and the seller will not deduct this from the balance. What can I do?

Asked on June 3, 2012 under Business Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

And do you have a written agreement for the purchase of the car?  Otherwise you are going to have to sue him and prove the terms of the loan.  How can you do this?  You need to think it through before you go to court.  Buying a ussed car in a private sale gives you little protection other than fraud and misrepresentation issues which arise out of a cotract.  Contracts can be oral or written but oral is obsiously harder to prove.  He is not going to want to sell you a car for $200 which is what the amount comes to after you deduct the costs of repair.  You may be stuck here.  Good luck.

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