legal issue (vehicle sale)

[dannyboy762]

I just recently sold a truck to my buddy and because he was my buddy i signed over the title before accepting a payment and now it seems like he is ducking me. did I screw up? can I take legal action?

[normanvin]

Did he sign an agreement to the terms of the sale?

[knighthawk06699]

I just recently sold a truck to my buddy and because he was my buddy i signed over the title before accepting a payment and now it seems like he is ducking me. did I screw up? can I take legal action?

If their was no contract and the title has been transferred you are screwed. You could sue but you would spend more money than what you have lost. It is screwed up that a man's word is worth nothing any more.

[whoshisface]

Did you get something on paper that he owes you the money?

Yes, you screwed up.. Never sign or give possesion of anything to anyone before you get payment.

[whoshisface]

small claims court is cheap, you don't need a lawyer unless he owes you more than the limit. the limit is probably $5000

[glock27owner]

sounds like a case for judge judy

[GunLawyer001]

The details matter, and lots of factors come into play.

You don't need a written contract to prevail in court, unless the statute of frauds applies (whatever the threshold amount is for that), But a written contract is always a good idea, if there's any delay in completing the deal, or if there are any implied or express warranties, or if one party might think there are warranties. Always plan for the worst.

You have a title signed over, that's evidence that you expected to be paid. You could sue on the oral contract, or you could sue for unjust enrichment, or you could argue a constructive trust or whatever else looks like it might have some chance. In small claims court, a DJ will often fill in the gaps in your legal theories, sometimes even correctly.

[dannyboy762]

There was no written contract (because he was a friend) only oral. the sad thing is it was only $300 he owed me pretty f*cking petty right? I was supossed to rent a car and go to camp with my daughters with that money but now I have to sit at home and be pissed.

I have had total strangers from the internet give me more respect than my own friend

[PennsyPlinker]

Danny, it really stinks that he is stiffing you like this, but look at it this way. You just made a $300 tuition payment in the classroom of life. Just because someone hangs out with you, or is even friendly to you, they are not necessarily your friend. Friends prove themselves in lots of ways. Being "friendly" is not always one of them.

Hopefully he will come through in the end, but at the least you will have learned a lesson about people like him in general, and him specifically. And people like him usually end up in worse circumstances than what he did to you.

[gf45acp]

danny, sorry, but you need better friends. I've loaned money to "friends" and gotten screwed (only once per person, nobody gets a second chance).