Pardon this posting...need some legal advice
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Moderators: k9car363, alicefoeller | Reply |
2009-05-26 7:45 AM |
Veteran 206 Canton, GA | Subject: Pardon this posting...need some legal advice Hello, Let me first start out by apologizing for posting this in the Georgia section, but I know that some of you here locally may have some connections that could help me here in the ATL. I'm looking for some legal advice/help with an idiotic situation I got myself into. Believe me, I have beaten myself up enough (with a lot of help from my wife), so I do not need any more lectures on why NOT to do this EVER AGAIN! Those pictures on the Rattlesnake bite site pale in comparison to what my wife is going to do to me if I don't get this mess corrected (or, I could have bought a nice P3 or something -- but I better not use that defense with her!) I tried to help a co-worker out by helping him get a car. He didn't have good credit so I fronted the $4400 to buy a vehicle with the intention of selling it quickly for profit so that he could save up some money to buy his own vehicle. We wrote up a Finance Contract stating that he would pay me small payments semi-monthly in the meantime until we sold the vehicle. The "finance charge" was to split the profit over the initial $4400 I fronted. I found a buyer for the vehicle a week and a half later, and had him sign a Bill of Sale to complete the transaction (in which it states that he will relinquish the title once received by the State of Georgia). I explained to him that I haven't gotten the money from the buyer because he wants to be sure he has title in hand before paying, and he was concerned that I might not have good intentions, so I fronted (my money again), the $550, which accounted for his share of the profit. Now he's being shifty, and I have a strong suspicion he isn't going to sign over the title when it arrives. I have a finance contract which he has breached (by not paying) and a signed Bill of Sale stating that he would relinquish the Title once received from the State of Georgia. Do I have any recourse to get that Title from him? Thanks in advance! Duane |
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2009-05-26 9:20 AM in reply to: #2172737 |
Pro 3705 Vestavia Hills | Subject: RE: Pardon this posting...need some legal advice I am not an attorney ... three questions for clarity: |
2009-05-26 10:39 AM in reply to: #2172905 |
Veteran 206 Canton, GA | Subject: RE: Pardon this posting...need some legal advice
Yes -- "him" is the co-worker. He did sign both the Finance agreement with me (which he is already in default on, since he did not make the first scheduled payment. And, he also signed the Bill of Sale, agreeing to sell the vehicle. You are correct again. The only name on the car was his because I had loaned him my extra car a couple times but I was not crazy about the idea of him driving around in my car with my insurance. He actually had the audacity to tell me that he now wanted the car back -- likely because he's back to riding his bike and taking the bus to work -- after I had already sold it. The other thing he asked for was more money, saying that he wanted to sell it for more than it sold for. Problem was that he was being shady when I told him that I had some potential buyers, so I sold it to the first offer I received, rather than holding out for a few extra hundred dollars. He has also now gone to management at work and tried to involve them, despite the fact that this has nothing to do with work and is a personal issue. Trust me, he is not going to relinquish the Title without a fight. Despite the fact that I have now already given him $4950 as an act of good faith and tried to help him in his quest for transportation. It's truly mind boggling to me that he has taken this route, but he has, so now I am trying to figure out my options. |
2009-05-26 1:17 PM in reply to: #2173112 |
Pro 3705 Vestavia Hills | Subject: RE: Pardon this posting...need some legal advice Gunky - 2009-05-26 11:39 AM 3) Why are you fearful that he will not sign over the title? He has already signed the 'Bill of Sale' ... He actually had the audacity to tell me that he now wanted the car back -- likely because he's back to riding his bike and taking the bus to work -- after I had already sold it. The other thing he asked for was more money, saying that he wanted to sell it for more than it sold for. Interesting opinion he has about the value of the car ... does he have the money to repay you the $4950 back? If so then you might want to take your money and run away from the situation. This might clear the path for him to sell the car and pocket whatever profit - but at the cost of a friendship and looking like the hoodwanker he is really is to those around him/at work. If he doesn't have the money, then one would think that he really does not have a lot of say left in the matter. Don't, however, let this dissuade you from doing good deeds like this in the future. One bad egg such as himself does not mean that the others are as well ... just continue to be careful. |
2009-05-28 9:58 AM in reply to: #2172737 |
Veteran 276 | Subject: RE: Pardon this posting...need some legal advice give the car to the buyer and don't tell your co-worker who you sold it to. co-worker sounds like an . |
2009-05-28 9:49 PM in reply to: #2172737 |
Veteran 206 Canton, GA | Subject: RE: Pardon this posting...need some legal advice I would love to do that. Unfortunately the buyer can't register the vehicle without the title. I've filed a claim in small claims court, so now it's just a matter of seeing what we can accomplish there. It's just sad that an act of such generosity and kindness has turned into such a mess. |
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2009-05-29 5:40 AM in reply to: #2172737 |
Member 136 Limbo | Subject: RE: Pardon this posting...need some legal advice No good deed goes unpunished. Your co-worker sounds like an ex of mine. I took my couple thousand dollar loss and ran. |
2009-05-29 10:05 AM in reply to: #2172737 |
Veteran 276 | Subject: RE: Pardon this posting...need some legal advice ""Unfortunately the buyer can't register the vehicle without the title"" Not true. 2 of the used cars I've bought in my life came without a title. The bill of sale is all I needed. Here is how the buyer could register the car without a title: http://motor.etax.dor.ga.gov/motor/titles/titlebond.asp http://motor.etax.dor.ga.gov/motor/titles/needed/mutilated.asp Titles are not required in Georgia for vehicles 1985 or older, but you will need to provide the Bill of Sale when you register the car in your name, so be sure to take it with you to your local Tax Commissioner's Office. If the car is newer than 1985, the Bill of Sale might still work in place of a title. If the registration is missing, you'll need to go to your local Tax Commissioner's Office after contacting law enforcement to inspect the vehicle and the VIN. With this documentation and your Bill of Sale, you'll be able to register the car in your name. Source(s): http://www.dmv.org/ga-georgia/state-regu... |
2009-05-29 4:30 PM in reply to: #2172737 |
Elite 3658 Roswell, GA | Subject: RE: Pardon this posting...need some legal advice big john speaketh the truth. It's not uncommon for people to not have a copy of the title to a car, but the DMV has a record because of taxes and the tags. FWIW, there is also a place on the title to write in that you have a security interest in the car. Once you fill that in the car can not be transfered without your signature. That's how I have protected myself in the past when I helped folks buy a car. |