Before anyone calls me a dumbass, or anything, please read my story and understand my dilemma.
I owned a 95 blk/blk NSX-T which got totaled in an unfortuanate accident. I immediately started looking that day for a replacement vehicle, a blk/blk NSX-T of similair year because I like the targa top.
I found a NSX-T 1996 with 90,000 miles that was listed on e-bay and classy auto.com for 2 months at $42,500. The seller got no bids on e-bay as his car was way over priced. I do auto finance for a living and so I know what cars go for. In the sellers drive way the car might have been worth $42,500 but park it next door in Mr. Smith's driveway and it was worth $32,500 tops.
I negotiated with the owner for 2 weeks and he said the car has comptech headers and exhaust and intake and new wheels and tires and koni adjustable shocks. He failed to mention that the stock rims were scuffed up and basically ruined. The car was in really very very good condition, but, after negotiating up to $32,500 I told the seller I was all in, that was my final offer. He agreed that was a fair price and I told him that I would have him a draft from my credit union for $24,500 and $8000 personal check to him in 2 days, which I did. NOTE WELL: THE BACK OF THE CREDIT UNION DRAFT STATES THAT THE ENDORSERS OF THE CHECK AGREE TO PROVIDE A LIEN FREE TITLE FOR THE AUTOMOBILE TO THE CREDIT UNION. I signed the check and he signed the check and deposited my funds. I then spent $1800 to have a covered car hauling service pick up the car at his residence with all of the extra wheels and original exhaust, etc. which the seller had packed up nicely. Everything seemed peachy. The car hauling service, acting as my agents took delivery of the car in California and started towards Louisiana. Needless to say I was excited! That's when the hell began.
The seller deposited my checks into his account and both of them cleared before the service picked up MY NEW NSX. The car got to Vegas where he had to pick up another car and that's when this guy started acting like an idiot. He repeatedly called me from the time the car was in Vegas until it arrived in Baton Rouge saying that he sold the car too cheap and that he wanted it back. I did auto finance at Norm Reeves Honda in Cerritos for 3 years and I know that California has a no cooling off law which as a finance officer I explain to people everytime they took delivery of a car. No cooling off means there is no right of recision and when you drive the car off the lot, no matter what you are an owner. That is the law in California.
It has been over 2 years and my credit union is giving me hell and I unable to drive the car as it depreciates, all because this idiot refuses to send the title to me or the credit union. He claims that he sent it to the credit union, but they insist that they have never received it. The credit union has called him and we have gotten nowhere.
I am at the point now where I, if I must, am going to hire a California attorney and sue the mortal piss out of this idiot for wire fraud, depreciation of the vehicle, the cost of me hiring an attorney, the cost of me flying out there to face this idiot, and any other court costs, and any other costs associated with me having to go through this hell.
This guy has had my $32,500 for over 2 years and I am dead tired of playing games.
Is there anyone out there who knows of an easier, softer way for me to get the title or do I have to sue the crap out of this guy to teach him a lesson? Any advice would be greatly appreciated. Any California attornerys NSX owners in the Sacremento area want to help me with this. Thanks.
I owned a 95 blk/blk NSX-T which got totaled in an unfortuanate accident. I immediately started looking that day for a replacement vehicle, a blk/blk NSX-T of similair year because I like the targa top.
I found a NSX-T 1996 with 90,000 miles that was listed on e-bay and classy auto.com for 2 months at $42,500. The seller got no bids on e-bay as his car was way over priced. I do auto finance for a living and so I know what cars go for. In the sellers drive way the car might have been worth $42,500 but park it next door in Mr. Smith's driveway and it was worth $32,500 tops.
I negotiated with the owner for 2 weeks and he said the car has comptech headers and exhaust and intake and new wheels and tires and koni adjustable shocks. He failed to mention that the stock rims were scuffed up and basically ruined. The car was in really very very good condition, but, after negotiating up to $32,500 I told the seller I was all in, that was my final offer. He agreed that was a fair price and I told him that I would have him a draft from my credit union for $24,500 and $8000 personal check to him in 2 days, which I did. NOTE WELL: THE BACK OF THE CREDIT UNION DRAFT STATES THAT THE ENDORSERS OF THE CHECK AGREE TO PROVIDE A LIEN FREE TITLE FOR THE AUTOMOBILE TO THE CREDIT UNION. I signed the check and he signed the check and deposited my funds. I then spent $1800 to have a covered car hauling service pick up the car at his residence with all of the extra wheels and original exhaust, etc. which the seller had packed up nicely. Everything seemed peachy. The car hauling service, acting as my agents took delivery of the car in California and started towards Louisiana. Needless to say I was excited! That's when the hell began.
The seller deposited my checks into his account and both of them cleared before the service picked up MY NEW NSX. The car got to Vegas where he had to pick up another car and that's when this guy started acting like an idiot. He repeatedly called me from the time the car was in Vegas until it arrived in Baton Rouge saying that he sold the car too cheap and that he wanted it back. I did auto finance at Norm Reeves Honda in Cerritos for 3 years and I know that California has a no cooling off law which as a finance officer I explain to people everytime they took delivery of a car. No cooling off means there is no right of recision and when you drive the car off the lot, no matter what you are an owner. That is the law in California.
It has been over 2 years and my credit union is giving me hell and I unable to drive the car as it depreciates, all because this idiot refuses to send the title to me or the credit union. He claims that he sent it to the credit union, but they insist that they have never received it. The credit union has called him and we have gotten nowhere.
I am at the point now where I, if I must, am going to hire a California attorney and sue the mortal piss out of this idiot for wire fraud, depreciation of the vehicle, the cost of me hiring an attorney, the cost of me flying out there to face this idiot, and any other court costs, and any other costs associated with me having to go through this hell.
This guy has had my $32,500 for over 2 years and I am dead tired of playing games.
Is there anyone out there who knows of an easier, softer way for me to get the title or do I have to sue the crap out of this guy to teach him a lesson? Any advice would be greatly appreciated. Any California attornerys NSX owners in the Sacremento area want to help me with this. Thanks.
