Help! I need a contract to sell a car with payments...

[ttvick]

Yes, I know we have been through this "NEVER SELL WITH PAYMENTS" thing before, but I am so tired of trying to sell my Explorer that I am going to take the risk and do it anyway. The person seems very straightforward, and has agreed to sign a legally binding contract and have it notarized. I need, if anyone here has one, a contract for selling this car with "payments". I can draft something myself, but I know that some of you are lawyers, so I figured I'd see if you have anything I can base my contract off of.

Her texts:

Will you accept payments? My husband and I are dual military and in desperate need of a vehicle. We have a newborn son and no way to take him to his appointments or get to and from work. I can give you $200 tomorrow, $200 on the 8th, then pay the rest [edit: $2600] on the 15th. I will even sign a contract and get it notarized, but we are in desperate need of a vehicle. Please let me know as soon as possible. Thank you.

I told her I would go with it as long as we have signed and notarized documents. I am not going to lose my shirt if this makes a turn for the worse and I'm tired of storing and trying to sell this thing, so what is the best advice for me going forward here?

Rule #1:

[thetopdog]

I lent my buddy a few grand to buy his bike last year and we agreed for him to pay me back in installments. I think it was $150 a month until the end of December (when he gets his bonus) then the rest in a lump sum after that. I just found some really generic payment contract online that we both signed, it probably wouldn't have ended up being legally binding, but we work together so it's not like he was going to disappear on me One word of warning, I didn't get any money back until the end of December because he kept telling me he was broke. I didn't need the money right away so I didn't care too much (plus as I said, we worked together) but if it was some random stranger it could have been a huge pain in the ass

[Ay_Caramba]

I keep my friends close, my enemy even closer and my money really really like really close. This sounds like a bad idea seeing this is a complete stranger.

[ttvick]

I lent my buddy a few grand to buy his bike last year and we agreed for him to pay me back in installments. I think it was $150 a month until the end of December (when he gets his bonus) then the rest in a lump sum after that. I just found some really generic payment contract online that we both signed, it probably wouldn't have ended up being legally binding, but we work together so it's not like he was going to disappear on me One word of warning, I didn't get any money back until the end of December because he kept telling me he was broke. I didn't need the money right away so I didn't care too much (plus as I said, we worked together) but if it was some random stranger it could have been a huge pain in the ass

I know what you mean. I have a nonpaying client in my business right now, and it's not so much a question of being able to eat as it is just a pain in the ass. It's $525, not a huge sum of money, but when you call and tell me you are going to put a check in the mail right away, then go three months without paying, it's pretty crappy.

Anyway, I am less worried since this is only 3 installments. $200 per month over 1.5 years or something like that? No way.

[caniaitalia]

I told her I would go with it as long as we have signed and notarized documents. I am not going to lose my shirt if this makes a turn for the worse and I'm tired of storing and trying to sell this thing, so what is the best advice for me going forward here? :wave

You know this is a scam, right? I've gotten emails almost IDENTICAL to this one every time I've listed a car for sale, anywhere on the internet.

Stay away. You're better off fire-selling it and getting less money than doing this for $200 and never hearing from them again.

[airman401]

You know this is a scam, right? I've gotten emails almost IDENTICAL to this one every time I've listed a car for sale, anywhere on the internet.

Stay away. You're better off fire-selling it and getting less money than doing this for $200 and never hearing from them again.

What he said. I bought andd sold vehicles over over cl for almost a year and this is clearly a scam.

[thetopdog]

Would it be possible for you to keep the title and keep the car registered in your name until final payment is received? So you would be effectively "renting" the car to them? Would that expose you to any liability if they end up doing something stupid with the car?

[abeR]

What is a contract gonna do? Does it include your attorney / filing fees?
Sounds like a nice way of wasting your time and money.
If they go bankrupt or currently are ....


Or they could pay you as promised.

Checks in the mail!

And the renting while paying sounds awesome till they crash the car and injure some kid.. Holy mess. If its titled to the OP he is gonna have to insure it.

[ttvick]

You know this is a scam, right? I've gotten emails almost IDENTICAL to this one every time I've listed a car for sale, anywhere on the internet.

Stay away. You're better off fire-selling it and getting less money than doing this for $200 and never hearing from them again.

Should I ask her to send me a picture of her newborn baby?

I hear what you are saying, and I am having second thoughts based on this. I am in a military town though, so it doesn't sound too far fetched. Do they usually text you in a scam? I can spot a scam email a mile away, just never dealt with it in a text before.

For context, here is the rest of the convo:

ME: I would be willing to do it with a notarized contract. If you will promise me you won't back out of a sale and will pay the asking price of $3k, I will also have the radiator replaced tomorrow. It is slow to heat up and I don't want you to have any problems or not have heat in the car. Just had an alignment, everything else is great, and again, if you are sure that you want to buy it I will pay to replace the radiator tomorrow so there are no problems at all. This thing has had pretty much all maintenance that could be needed in the past year other than the radiator.

HER: That sounds amazing. Is there a way we could get the vehicle and sign the contracts and notarize them tomorrow? My husband will be at work all day, but I can use the car during the day time to get that notarized. We would need the vehicle tomorrow if at all possible. And no, I won't back out. You have been very kind and I plan to extend the hand as much as possible also.

ME: Well thank you, I am just not the type of person to sell someone a car that will give them problems right off of the bat . As for tomorrow, it depends on when I can schedule for the radiator to be put in. It doesn't overheat now or anything, it just doesn't have heat inside. I will call around first thing in the morning and write a contract tonight. I would like to do the $200 as a deposit before replacing the radiator if possible, so I can use that to pay for most of the replacement cost.

HER: Yeah, no problem.

ME: Sounds good. I will write up a contract tonight and will call shops for the radiator first thing in the morning.

[sullie]

It's a scam dude. And it's not even a new scam, this is a really old scam that I've heard about for years. If they show up with a check, it will bounce or they'll say you both agreed to sell the vehicle for $200 or some garbage like that.

[abeR]

Protect yourself homie

[E-RustBox'er]

Clearly a SCAM..!!

[Harv]

Both in the military, new born baby, need to get him to Dr's....


Interesting play on your emotions.

[caniaitalia]

Yeah, she's really insistent about getting the car first, paying later. I understand that you're trying to be a good guy and give her the benefit of the doubt, but I honestly think it's a scam. I get these kinds of things on Ebay selling bicycles even (well, not a notarized contract, etc., but basically the same concept).

I'd be really careful.

[ttvick]

Well, damn

Anybody want an Explorer?

[abeR]

Lulz

[caniaitalia]

I've got $200 now, but I can pay you another $200 on the 8th (of January 2034).

[quinntendopower1]

I specifically remember Harry and Lloyd paying off a 250 thou Lamborghini Diablo in IOU's, they are as good as money.

[ttvick]

I love you guys. Thanks.

Sending her (?) a text now calling it off. Will post response.

[Moodyblues]

This is a standard scam, and you'll be screwed if you do it. People are amazingly vulnerable to the combined attack of heartstrings + better-than-expected-deal. You're about to get fried.

[TM87]

If you must sell it,take it to carmax. You might get less money, BUT no headache.
If you keep the title and registration,she might wreck a car injure somebody or her self. That's the worse that can happen to you. Law suits,liability etc etc
If you give her the title, you might never see the cash or your car.
You might get a straight shooter, but that's highly unlikely.

Stay away from scams .

[ttvick]

If you must sell it,take it to carmax. You might get less money, BUT no headache.
If you keep the title and registration,she might wreck a car injure somebody or her self. That's the worse that can happen to you. Law suits,liability etc etc
If you give her the title, you might never see the cash or your car.
You might get a straight shooter, but that's highly unlikely.

Stay away from scams .

Pretty sure CarMax won't take anything older than 2001 as of a few weeks ago. I know the used car market is supposed to be hot now, but it seems like it would be easier to find a kidney donor than a buyer for a V8 SUV. There are also a ton of V6 Explorers on the market in my area, which makes things harder for me making a sale. Do sleaze-dealers ever offer you cash? I am just ready to get rid of this thing. It's a shame, too, because it's in great shape and I would love to keep it for a future tow vehicle, I just don't have room for it now and don't want it sitting around anymore.

I sent her a text:

I'm really sorry, but I am going to have to call this off unless/until you can pay the full amount OBO in cash. I have been talking to friends who have more experience selling cars than me, and many of them have been burned on similar deals. If you would like, you could use the $400 to rent a car until the 15th, at which point I would be willing to sell you the car for $2600 if you can pay in cash. Sorry.

No response. Sounds like you guys were right, as usual.

[Iroczgirl]

It's a very bad idea. I did it once, with a friend. Got screwed badly.

[Brendan@bwalkauto]

Scam scammidy scam scam. We do deferred down payments here, but only if there is enough profit in the deal to eat it if we have to, or if their credit is good enough (as people with good credit can be short on funds, but tend to do what they say when it comes to money).

Run away from this situation if you want more than $200 for the truck.

That being said, I read the OP's post wrong at first, and I thought he was making payments on the Explorer, and I was going to ask how in the hell he still has payments on a 16 year old truck.

[ttvick]

Just got a reply. THE PLOT THICKENS...

Well, I can't speak for other people. We are genuine people stuck in a very bad situation and needing someone to work with us. Your friends that may have encountered the problems didn't get a notarized contract. Once a contract is notarized and signed by both parties, it is a legal binding document. You could take me to court and sue me blind if I broke the contract. I wish there was a way we could work this out. It's $22 a day for a rental car, plus $18 for insurance. That's $560 for two weeks. We literally don't have it right now. We are good people just stuck in a bad spot. We lost our car and our house in the tornado earlier this year. Unfortunately, with our gap insurance, they barely paid off what we owed the dealership.

[Brendan@bwalkauto]

Just got a reply. THE PLOT THICKENS...

No, the plot thins. Sounds like a scammer going for an emotional appeal because they're sunk.

You can buy a tracker that plugs into the OBDII port, don't tell them about it, and if they stop paying, you personally come repo the car with a second set of keys.

[retro_rocket]

Still no. They're trying to play on your sympathies even more and it sounds like she's getting kind of pushy.

Also, her saying "just take me to court if I don't pay" sounds pointless anyway - what's the point of suing them to recover money they apparently don't have? And if they are military, isn't it possible that they could get transferred to a different base/assignment soon? (I was never in the military, so I don't know exactly how that works - someone please correct me if needed) If that is the case, say for example that they know they are moving in a few days - they could get the car for the first $200 and skip town the next day, for all you know.

Just because it's not a typical Nigeran money wire/fake check scam, doesn't mean it still isn't a scam.

[phans784]

if they were a true duel military couple they would be pulling in anywhere from 3-5k a month easy. run away from this.


look up enlisted pay scale on google

[WRXGuy]

And now there was a tornado? Yeah... run away.

Sent from my MB860 using Tapatalk

[Deserion]

So by someone telling you that they're "good people", is that supposed to make it legit?

Just sounds like a scam all over, and trying to win over your better judgement.

[caniaitalia]

I'm sorry, a tornado got their last car? If this is true I think you should definitely submit their whole story to the Lifetime Network and let them produce a heart-wrenching story about loss, and how they were able to eventually turn that into screwing a nice guy named ttvick.

[JThw8]

If you really want to test the veracity tell them to a) bring their military ID b) give you the name and number of their First Sergeant (for lack of a good comparison he's kinda like the head babysitter/HR guy) and call him to verify their story.

The whole bit about "I need the car to go get the documents notarized" HELL NO, we will be going to do that together before you ever get the car. You can meet at their bank and they can give you cash for the deposit and get the document notarized at the same time.

If they agree to all that then it might not be a scam....but I doubt it.

[caniaitalia]

If you really want to test the veracity tell them to a) bring their military ID b) give you the name and number of their First Sergeant (for lack of a good comparison he's kinda like the head babysitter/HR guy) and call him to verify their story.

The whole bit about "I need the car to go get the documents notarized" HELL NO, we will be going to do that together before you ever get the car. You can meet at their bank and they can give you cash for the deposit and get the document notarized at the same time.

If they agree to all that then it might not be a scam....but I doubt it.

This.

[ttvick]

I'm sorry, a tornado got their last car? If this is true I think you should definitely submit their whole story to the Lifetime Network and let them produce a heart-wrenching story about loss, and how they were able to eventually turn that into screwing a nice guy named ttvick.

To be fair, we had some pretty bad tornadoes (very rare here) tear through a part of town (Ft. Bragg/Fayetteville) where lots of military families live. I agree with what you are saying, but it's not unbelievable.

I am definitely not trying to argue this the other way, but there is one other point...

If you really want to test the veracity tell them to a) bring their military ID b) give you the name and number of their First Sergeant (for lack of a good comparison he's kinda like the head babysitter/HR guy) and call him to verify their story.

The whole bit about "I need the car to go get the documents notarized" HELL NO, we will be going to do that together before you ever get the car. You can meet at their bank and they can give you cash for the deposit and get the document notarized at the same time.

If they agree to all that then it might not be a scam....but I doubt it.

As I understand it, they have one car already, and she would be able to use that car tomorrow while her husband is at work. That's the way I read it, at least.

[Broduski]

And now there was a tornado? Yeah... run away.

Actually there were tornados in NC fairly recently, one hitting a couple miles up from my house and one touching down in Cumberland county, Where Fayetteville and Ft. Bragg are.

As fabricated as the story sounds, It could be true. I'd still stay away though.