
New Yorker
 |
not much you can do, it was a private sale and although there are laws about this, for the most part they are not enforceable. Her writing on the bill of sale that she will fix the transmisison for free is NOT a binding contract. Next time don't accept the vehicle until the transmission is fixed. She knew you couldn't come after her and thats why she did it this way.
Your only choices at this point would be:
1. Sue her, take her to small claims court, you lay out your case, she lays out hers and the judge decides. The reason why this is not the best option is because chances are she has no money anyway, especially if she spent that already. You can't take money from someone who has none, even if the judge awards you the money, chances are you will NEVER see that money.
2. Learn from your mistake for next time, take this and just move on and don't do it again. Remember what you did wrong, bought from a scrupulous buyer, didn't research it well, went on blind faith. Next time don't do that! Next time, give her no money until its taken care of! Next time pay more attention before you buy. This is really your only option and it is a good one.
BTW, what she did, fraud or not, it is UNLIKELY the police will get invovled. Despite several people answering the you should call the police, the police RARELY get involved in cases like these because in order to arrest her and charge her for sometihng they need to have a clear cut case for fraud and this is NOT. That doesnt mean you cant sue her, thats why they leave it alone because you have a different route you can take but Remember, suing her is just a waste of your time if she doesnt have anything you can take. So many peopl especially the answerers on this question seem to have a false idea in their minds that if you sue, you will win, and then by the end of the day you will have your money. No, if you win, you will probably NEVER see your money. IF she is use to doing this, she has been sued before and she knows how to deal with it! She can avoid paying the law suit very easily and then what do you do??? There isn't much you can do! It was all a waste of time and money and no it wasnt worth it, you didnt get anything, and NO the police will not arrest her and charge her with Fraud. |

tiffiek
|
If the claim is less than $3,000.00 in most states you can take her to small claims court for a minimal filing fee. What she did is actually fraud and you can call the cops, too. That might pressure her into paying you sooner, but it she does get charged and goes to court it will take longer for you to get restitution than suing her in small claims court. |

Smiley Girl
 |
I'd go with the first answer. You said that you have a bill of sale, so that's good at least.
But if you have no reciept or anything showing that you gaver her money, then you might be out of luck...since then it turns into your word against hers.
But if she didn't fix your transmission, the least you should get is to be able to get that fixed. |