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Illegal private party auto sale ???

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camz123

Junior Member
What is the name of your state (only U.S. law)? Rhode Island

I recently purchased a used vehicle (advertised on Craigslist) from another person in R.I. I was told by the seller that he purchased the vehicle from his employer. Within several days the motor started ticking loudly and I felt there was something wrong. When I went to the DMV they would not register the vehicle because their records showed that the seller had never paid sales tax. I also discovered at this time that the VIN # was incorrect on the bill of sale he gave me (it was way off). I called the seller and asked for my money back and he said no. He told me that he would straighten this out with his work and give me another bill of sale. I got a "new" bill of sale (it had that correct VIN #) which showed his employer selling the vehicle to me. I went to the DMV and registered the vehicle and after driving it for 1 week the engine died. I called him back and asked for my money back and he said that the car was sold "as is as seen" so he doesn't have to pay me.

Can I sue him in small claims court for an illegal sale of the vehicle?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Rhode Island

I recently purchased a used vehicle (advertised on Craigslist) from another person in R.I. I was told by the seller that he purchased the vehicle from his employer. Within several days the motor started ticking loudly and I felt there was something wrong. When I went to the DMV they would not register the vehicle because their records showed that the seller had never paid sales tax. I also discovered at this time that the VIN # was incorrect on the bill of sale he gave me (it was way off). I called the seller and asked for my money back and he said no. He told me that he would straighten this out with his work and give me another bill of sale. I got a "new" bill of sale (it had that correct VIN #) which showed his employer selling the vehicle to me. I went to the DMV and registered the vehicle and after driving it for 1 week the engine died. I called him back and asked for my money back and he said that the car was sold "as is as seen" so he doesn't have to pay me.

Can I sue him in small claims court for an illegal sale of the vehicle?

Any "illegal" sale was cured and you were able to register it. Vehicle was sold as-is. Enjoy your car.

ETA: I'm not saying that an illegal sale even occurred - just that if it HAD occurred, it's irrelevant, as the problem was fixed.
 

camz123

Junior Member
Any "illegal" sale was cured and you were able to register it. Vehicle was sold as-is. Enjoy your car.

ETA: I'm not saying that an illegal sale even occurred - just that if it HAD occurred, it's irrelevant, as the problem was fixed.


How was the illegal sale "cured" if he forged someone elses signature on the new bill of sale. I believe I can prove that employer's signature on the second bill of sale was not written by the person. Is committing fraud a legal way of fixing the problem?
 

BL

Senior Member
How was the illegal sale "cured" if he forged someone elses signature on the new bill of sale. I believe I can prove that employer's signature on the second bill of sale was not written by the person. Is committing fraud a legal way of fixing the problem?

And you took this questionable bill of sale to the DMV to register the vehicle .

You didn't care then .

Both your hands are dirty and the courts aren't going to cure that .
 

camz123

Junior Member
And you took this questionable bill of sale to the DMV to register the vehicle .

You didn't care then .

Both your hands are dirty and the courts aren't going to cure that .

My hands are dirty??? What other recourse did I have? I asked the seller back for my money back and he refused. When the registry told me that he did not pay a sales tax and sold me the car illegally, the car was in the shop and the repairs were just about complete. So now I have a car which stands me about three thousand dollars and I do not have money to buy another vehicle. What am I supposed to drive then? To add to my story, I currently have a leased vehicle (through a divorce) and this car has to be turned in by 3/3/09. The week this was all going on I had called and made arrangements with the dealership to return the leased vehicle.

If the seller won't return my money what should I have done with the vehicle? Also, are you saying that my "dirtiness" is the same as him forging someone elses signature to give me a new bill of sale?
 

cyjeff

Senior Member
My hands are dirty??? What other recourse did I have? I asked the seller back for my money back and he refused. When the registry told me that he did not pay a sales tax and sold me the car illegally, the car was in the shop and the repairs were just about complete. So now I have a car which stands me about three thousand dollars and I do not have money to buy another vehicle. What am I supposed to drive then? To add to my story, I currently have a leased vehicle (through a divorce) and this car has to be turned in by 3/3/09. The week this was all going on I had called and made arrangements with the dealership to return the leased vehicle.

If the seller won't return my money what should I have done with the vehicle? Also, are you saying that my "dirtiness" is the same as him forging someone elses signature to give me a new bill of sale?

in that case, the proper thing to do would have been to go to the OWNER of the car and ask for the paperwork.

In fact, I still would.

I give it even money that the owner will be very surprised that a non employee is driving it.
 

camz123

Junior Member
in that case, the proper thing to do would have been to go to the OWNER of the car and ask for the paperwork.

In fact, I still would.

I give it even money that the owner will be very surprised that a non employee is driving it.


CY, that is what I did ... I went to the owner. The person whom I've met and gave the money to bought the car from his employer so he is the owner. I have never met or spoken with his employer. When I asked him for my money back he said no and then several days later gave me a "new" bill of sale. This "new" bill of sale now has his employer as the seller to me. I believe that this "new" bill of sale transaction should be considered illegal because I do not believe he sold it back to his employer legally (he bought if from the employer 6 months ago). I believe he recreated the bill of sale he got from his employer, forged a signature, then gave me this bogus "new" bill of sale.

Should I approach his employer and ask them if they knowingly sold me the car and should I ask the specific person on my second "new" bill of sale if the signature is in fact his?
 

scorpio9

Junior Member
The same thing happened to my daughter. She too bought a car from a guy on craigslist in Rhode Island & we are waiting for an attorney to call us back. We have a case cause I called the attorney generals office & they said to bring him to court. This might be the same guy he forged someone elses name to the title & it is not his name & we have not registered it. We discovered he reset the computer & it nds an intake manifold gasket, tire & plate light!
 

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