My question involves a consumer law issue in the State of: Indiana
We bought a used car from a private seller. At the time of purchase, she told us she had two keys. But after waiting her downstairs for about 15 mins, she came out to say that she couldn't find the other key at that time. She promised us she would be able to find it later and suggested us to go to the bank to cash the check we gave to her first, and she would come back later to find it.
Later on, we found out the windshield was broken but the crack was hiding behind the GPS holder that she put on the windshield. Then we found out some of her descriptions of the car was not correct according to the repair history she provided. Two days later, we stopped the check and met with her, stating that we would like her to repair the windshield and provide us the second key, then we would pay her with a new check; otherwise we would return the car to her(we didn't register). She said she still couldn't find the key, and she knew the windshield was broken but she didn't intentionally hide it with the GPS holder. She agreed to pay about 1/3 price of the windshield, but for the key, she refused to get a copy if she lost it and would only try to find it. So we returned the car to her, and she asked for $530 compensation (about 9% of the car value).
We paid the compensation and expecting the check was stopped, but it was not. She received the money of the car on the same day as the compensation. The next evening after we returned the car, we found out the check was still processed. We contacted her asking if she would return the money to us, she said "I think we should meet and discuss about it". We also called the bank several times, but they all said there were nothing they could do about it. The next day, before our meeting, the check was revised by the bank for some "magical" reason that we still confused.
The case is over now but I still have questions and would to learn a lesson from it. My questions are:
1. We didn't know stopping a check is illegal, and it is also the first time we bought a car. Indiana law says that stopping a check is illegal unless for a legal reason. Since we never got the second key as the seller promised, can I say "the purchase was not completed due to the second key was not given" as the legal reason for stopping a check?
2. If we didn't stop the check, can we go to the small claim court suing for the windshield thing and the key?
(The reason why we were so upset and stopped the check is she would leave the country in one month, so even we sue her and won, she would already left and not paying for out losses.)
3. She said she believed we had stolen her car. Can she sue us for that? Although we never got the car and the money at the same time.
I know it's a long post. Thanks for anyone who's reading it!
We bought a used car from a private seller. At the time of purchase, she told us she had two keys. But after waiting her downstairs for about 15 mins, she came out to say that she couldn't find the other key at that time. She promised us she would be able to find it later and suggested us to go to the bank to cash the check we gave to her first, and she would come back later to find it.
Later on, we found out the windshield was broken but the crack was hiding behind the GPS holder that she put on the windshield. Then we found out some of her descriptions of the car was not correct according to the repair history she provided. Two days later, we stopped the check and met with her, stating that we would like her to repair the windshield and provide us the second key, then we would pay her with a new check; otherwise we would return the car to her(we didn't register). She said she still couldn't find the key, and she knew the windshield was broken but she didn't intentionally hide it with the GPS holder. She agreed to pay about 1/3 price of the windshield, but for the key, she refused to get a copy if she lost it and would only try to find it. So we returned the car to her, and she asked for $530 compensation (about 9% of the car value).
We paid the compensation and expecting the check was stopped, but it was not. She received the money of the car on the same day as the compensation. The next evening after we returned the car, we found out the check was still processed. We contacted her asking if she would return the money to us, she said "I think we should meet and discuss about it". We also called the bank several times, but they all said there were nothing they could do about it. The next day, before our meeting, the check was revised by the bank for some "magical" reason that we still confused.
The case is over now but I still have questions and would to learn a lesson from it. My questions are:
1. We didn't know stopping a check is illegal, and it is also the first time we bought a car. Indiana law says that stopping a check is illegal unless for a legal reason. Since we never got the second key as the seller promised, can I say "the purchase was not completed due to the second key was not given" as the legal reason for stopping a check?
2. If we didn't stop the check, can we go to the small claim court suing for the windshield thing and the key?
(The reason why we were so upset and stopped the check is she would leave the country in one month, so even we sue her and won, she would already left and not paying for out losses.)
3. She said she believed we had stolen her car. Can she sue us for that? Although we never got the car and the money at the same time.
I know it's a long post. Thanks for anyone who's reading it!
Sales Agreements: Complex Private Used Car Purchase Including Stoping a Check, and Compensation
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