My question involves a consumer law issue in the State of: Texas
A little over three months ago, i posted my car(BRZ) for sale on Craigslist. I was able to sell the car for 10500, however the buyer did not have the full amount on the day of the sale. He only had 8400, and agreed to pay the remaining 2100 in payments. The bill of sale that was made states this word for word. "Buyer agrees to pay seller a down payment of $8400.00 and make monthly payments of $350 for a period of 6 months. If buyer fails to make payments, seller has the right to pick up the car and all money given will not be returned. The car is sold as is with no express or implied warranties or representations having been made by seller to buyer. (Buyers initials _)" his initials are on the bill of sale as well as his signature. The bill of sale was notarized and the buyer and I each have a copy of it, which we both signed and dated. Each copy was notarized. Because he did not have the whole 10500 we agreed that I would stay with the title untill the car was paid off., the car is still under my name. The plates expire this month.
Since the day of the sale may 16, 2017. The buyer has not made a single monthly payment. He has been sending messages and calling saying he's going to show up at my place to pay the car off. But he's only left me waiting and without showing up to pay. This has bien going on since the first monthly payment was due. A week before the three month mark I mentioned to him that we would be repossessing the car if no payment was made. He insisted that we give him an extra 4 days to get the money and set up a time and place to meet so he can pay. He did not show up. Yesterday we talk to a police officer and he said that we can repossess the car. However I don't know how to go about it. I do not want to break the law, and end up getting the short end of the stick. What should I do? I have lost so much time waiting for him to show up at the locations that we have agreed to meet at. On top of that the frustration and stress that is is causing is overbearing.what should I do? Thank you!
A little over three months ago, i posted my car(BRZ) for sale on Craigslist. I was able to sell the car for 10500, however the buyer did not have the full amount on the day of the sale. He only had 8400, and agreed to pay the remaining 2100 in payments. The bill of sale that was made states this word for word. "Buyer agrees to pay seller a down payment of $8400.00 and make monthly payments of $350 for a period of 6 months. If buyer fails to make payments, seller has the right to pick up the car and all money given will not be returned. The car is sold as is with no express or implied warranties or representations having been made by seller to buyer. (Buyers initials _)" his initials are on the bill of sale as well as his signature. The bill of sale was notarized and the buyer and I each have a copy of it, which we both signed and dated. Each copy was notarized. Because he did not have the whole 10500 we agreed that I would stay with the title untill the car was paid off., the car is still under my name. The plates expire this month.
Since the day of the sale may 16, 2017. The buyer has not made a single monthly payment. He has been sending messages and calling saying he's going to show up at my place to pay the car off. But he's only left me waiting and without showing up to pay. This has bien going on since the first monthly payment was due. A week before the three month mark I mentioned to him that we would be repossessing the car if no payment was made. He insisted that we give him an extra 4 days to get the money and set up a time and place to meet so he can pay. He did not show up. Yesterday we talk to a police officer and he said that we can repossess the car. However I don't know how to go about it. I do not want to break the law, and end up getting the short end of the stick. What should I do? I have lost so much time waiting for him to show up at the locations that we have agreed to meet at. On top of that the frustration and stress that is is causing is overbearing.what should I do? Thank you!
Private Party Repossession of a Vehicle
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