So how do you go about doing it? I'm going to have to sue a used car salesman (big surprise) to get my money back. Not much written documentation on either side. Basically a hand-shake deal that went awry. I do have a witness to the transaction, however. What do I need to do, lawyers?
well, hiring one might be a good idea. If it's your word against his, you might try finding some other people that had bad business dealings with him. Most reputible car salesman draw up paperwork of some kind, so if this is a common practice for him, chances are he's screwed over a few people before you....
Im not a lawyer...and I didnt stay at a Holiday Inn Express last night....but I have watched Texas Justice enough to know ALWAYS GET IT IN WRITING! good luck FFB...you are gonna need it.
Lawyers are taught to always tell anyone interested in legal advice to get a lawyer. That's during Orientation
Actually a verbal agreement is still a valid contract in Texas. A written agreement is obviously better, and will hold up better that an oral agreement, but they are still valid contracts. I'm glad I had someone with me when we did this, so I at least have a witness.
You got a 'handshake deal' on a used car from a used car salesman? I don't know if I'd even admit that.
right....I realize that verbals are binding contracts....but in the case of a problem...they are MUCH harder to prove...hopefully your witness appears credible to the judge.
I can give you the name/number of the man who taught my Business Law class a couple of semesters ago. He is a heck of a nice guy and has a practice on 610 near Reliant Stadium IIRC.
I had a written deal on my previous car with him. I highly overpaid on the first one, and he knew it. I went to him after I paid off the first one and told him I was looking for a late model Infinity J30. He told me at that time that he was going to have one in the next week. I told him I'd give him a $2,000 down payment for the car and he gave me an Explorer as a loaner until it came in. Over a month later, still no car. Two months later, no car. Three months later, he calls and asks for a payment. I laugh at him and tell him the deal was for an Infinity. 4 months later, the jack-ass repo's my first truck. I call him up and yell my ass off at him, and he tells me that he has a late model BMW coming in in a couple of weeks, and would that be OK. I say alright. We agree to use the repo'd truck as part of the down payment on the BMW, as well. 5 months later, the BMW never arises. 6 months later, he's calling for a payment. At this time, I've had it. I tell him the whole thing is off, and to just take his truck back and give me my money back. He gets all uppity about the 6 months having value, and I said bullsh*t. There was never a deal on the Explorer. We agree that he will take the Explorer back and he will pay me when he sells the Explorer. I reluctantly agree, why I did, I'm still kicking myself for. I call a month afterwards to get my money. He says it still hasn't sold and these things take time. I yell at him. I wait a few months. I call him and ask if he's sold the Explorer yet. He says he has. I ask why I haven't received any money from him. He starts saying He doesn't owe me anything. I calmly start explaining why he knows he owes me money and I will readily sue him. He hangs up the phone. Doesn't answer it again. I don't need the money, but I'll be damned if this schmuck is going to take it without a fight.
What happened to the Land Rover? occurs to me that you should have known something was fishy with him when you had to hold on to the "loaner" for so long....alarm bells shoudl have been going off when he tried to get you to make payments on the Explorer..
I'm still in the Land Rover. This happened in December. Hence the reason why I gave him ample time to sell the Explorer. Believe me, I know about the loaner thing. My point at the time was, I'm not paying for it, so until he gets me a car I'm interested in, I'm riding around in a free car.
Damn FFB, you need to take this to TV.. it could be our next "RIDE, RIDE?" thread I dont know any good lawyers for stuff like that, but surely the term "USED CAR SALESMEN" will cause the judge to find him guilty
If it was me.... I would have demanded my money back after the 2 month episode.. and gone elsewhere.. but then again....I've known too many used car guys...I wouldn't trust them any further than I could kick them.. I would imagine that the judge will wonder why you didnt get out of it alot sooner than you did....your story sounds pretty f-ed up...hopefully you can get it straightened out...I'm afraid your guy is gonna dispute many parts of it...and if you have no backup on the sebsequent conversations...you are gonna have a hard time proving it. again...good luck buddy...
Like I said, if I lose, it will be my own stupid fault. My point is if this jackass wants to keep the money, he's going to have to go to court for it. I'm going to sue him for $5,000. If I get any judgement, it will be a victory for me, IMO.
