What do I doifI sold a car to someone and their check bounced butI still have the title?

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What do I doifI sold a car to someone and their check bounced butI still have the title?

Sold car to an acquaintance. After taking the car to a mechanic, he dropped off a check for $1050.

Asked on March 24, 2011 under Business Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) You don't have to consummate the sale unless you actually paid; still having the title is therefore good, though if the acquintence actually has the car, you'll have to take legal action. Your options are:

2) You could sue to enforce the contract of sale and make him pay for the car with a non-bounced check--though if he has no money, this is problematic. If he does pay, you turn over title.

3) You could sue to get the car back.

4) If in the interim the car has been damaged, was towed, etc., you could if you sue for the car's return, also sue for damages or out of pocket costs.

You probably can't recover legal fees however, so if the car was sold for a bit over $1,050, you may wish to look at representing yourself in small claims court to reduce costs. Good luck.


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