dimanche 25 mars 2018

Sale and Deficiency: Neighbor Claims Money Owed for Returned Vehicle

My question involves a consumer law issue in the State of: Texas

My neighbor sold me a vehicle with a verbal agreement that I'd pay monthly payments until I paid it off in cash. It was understood that there was nothing wrong with the car other than it was used. I made the first payment on a Sunday then a few days later, he parked the car on my landlords driveway and handed my wife the keys. A week later he handed me a blank envelope and informed me to read it at a later time. I used a sales book to monitor each payment and had him sign them.

A year later another neighbor informed me that the car I had bought was in a car crash and that the seller had offered it to him but he refused to buy it. After the seller denied those allegations, I researched the vehicle and discovered it was once considered a total loss then salvaged and finally rebuilt salvage. He also mentioned that the letter he had given me contained the title to the car. After finding the letter, I found out that the title was not in his name but some one else.

I demanded the seller take the car back and give me the money I had so far paid. Months later, he agreed and gave me $1000 cash and signed a return receipt with the amount he still owes me. I drove the car to his house and gave him the keys. He eventually sold it to another buyer, but refuses to pay me back the remaining amount he owes me. He claims that I owe him money for the months I had the car and did not pay him up to the last month he agreed to take the car back. He also claims that he "repossessed" the vehicle. The car was never driven by me or anyone; it had always been parked on my landlords property because I never insured it.

Does he have any legal right to claim for those months I did not pay him? What Texas laws or statutes could help me, if any.

Thank you.


Sale and Deficiency: Neighbor Claims Money Owed for Returned Vehicle

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