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Old 23rd July 2021, 18:29   #1
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Default Need advice | Sold my car, but buyer not paying balance amount

Hi,

I am seeking advice from forum members on my recent sale of my 2009 Ritz VXI. I had got the car evaluated through car24 & got a good quote but meanwhile, someone approached me through OLX & offered almost the same amount, I was somehow comfortable handing the car to someone i interact with & hence went ahead with the sale.

I handed over the car to the new buyer in Pune on 10th March 2021 (he stays near Nashik) on the day of handover i gave him the following:

1. Original RC
2. NOC from RTO for ownership change
3. All accessories that came with the car

He kept 25% balance saying that the amount will be paid after the transfer of ownership, i agreed as he seemed to be a decent guy. After a few days, he called & said that he took the car to his local mechanic who has quoted jobs worth Rs. 30000 which need to be done, he had inspected the car before & i did not agree to this amount being deducted from the balance but finally we settled it wherein i'll bear 15k with this the expectation was he should pay me the final amount but he has still not paid the balance amount & says this amount will be paid only after transfer of ownership.

Now my question is the transfer of ownership has to be initiated by him at his local RTO, i have completed all the formalities from my end & why should i hold any further.

any suggestions on how I can take this to closure by getting my money as well as affecting the transfer.

Last edited by Aditya : 25th July 2021 at 11:47. Reason: Missing word added
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Old 23rd July 2021, 19:01   #2
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Default re: Need advice | Sold my car, but buyer not paying balance amount

Lawyers on the forum are the best members to advise. My thoughts as a businessman are as follows:
  1. Try to pressurize the buyer through someone respectable whom you both know. If there is no such person, try to find out and reach his elders / in-laws / bosses / senior citizens in his society or mohalla. Be polite and request their intervention. Social pressure works in such situations.
  2. You said that the buyer agreed to pay the balance amount upon transfer of the ownership. Take a print of this communication (email or text message or WhatsApp message) and send him a legal notice saying he has agreed to pay and he shall initiate the transfer of ownership. The notice shall also demand for the balance payment within a certain timeframe if he does not apply for ownership transfer.
  3. If the deal was finalized in Mumbai and the car was registered in Mumbai, then claim that the legal proceedings will have Mumbai jurisdiction. Since the buyer is from Nasik, it will make more sense for him to pay than keep visiting Mumbai for the court case.
  4. If you have no written confirmation (on paper or electronic media) from buyer that he will pay after the transfer, then tell him to initiate the transfer process immediately. Go to him, take his signature on the form and submit it to the RTO. If you have any good friend / cousin / in-law based at Nasik, you may request them to help you out with this.
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Old 23rd July 2021, 19:03   #3
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Default re: Need advice | Sold my car, but buyer not paying balance amount

Quote:
Originally Posted by kkunal.shah View Post
Hi,



He kept 25% balance saying that the amount will be paid after the transfer of ownership, i agreed as he seemed to be a decent guy.
This is not the correct way to sell a Car.
It does not matter if the Guy is Decent or In-Decent.

The amount needs to be received in Full.
And then the very next minute, the Car Papers & the RTO forms have to be handed over.

IS HAATH DE, USS HAATH LE.
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Old 23rd July 2021, 19:13   #4
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Default re: Need advice | Sold my car, but buyer not paying balance amount

Quote:
Originally Posted by kkunal.shah View Post
I handed over the car to the new buyer in Pune on 10th March 2021 (he stays near Nashik) on the day of handover i gave him the following:

1. Original RC
2. NOC from RTO for ownership change
3. All accessories that came with the car

He kept 25% balance saying that the amount will be paid after the transfer of ownership, i agreed as he seemed to be a decent guy.
Ultimately, you should never blindly trust a stranger in money matters. You ought to have handed over the papers and RTO documents only after receiving the 100% amount. He is just taking you for a ride now, by giving lame excuses. If you have your Whatsapp communication with him, send him the screenshots and threaten him with legal action. Since your car was registered in Mumbai, claim that legal proceedings will take place in Mumbai jurisdiction. For someone who stays in Nashik, he will simply not think it's worth it to travel often to Mumbai for court proceedings. Alternatively, file a complaint with your local police station and send him a copy.

Hope you have learnt a lesson here. Kindly be careful in future dealings. Thanks.
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Old 23rd July 2021, 19:13   #5
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Default re: Need advice | Sold my car, but buyer not paying balance amount

It is upto the buyer to do his homework, assess the condition and arrive at an offer which he should honour.

You not have to pay for any repairs unless there was a serious fault that was deliberately hidden.

When I sold my Skoda, the buyer transferred Rs 10000 less. I let him take the car but withheld a spare key worth Rs 15000. Similarly when I sold a friends BMW, The buyer held Rs 50000 as the spare key was locked in my friends house. It was promptly paid on receipt.

Unless you have a written agreement, this is going to be difficult. Ideally, you should have retained the papers until he paid up.
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Old 23rd July 2021, 19:23   #6
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Default re: Need advice | Sold my car, but buyer not paying balance amount

Thanks guys, I’ll get going on the suggestions. One thing I have in my favour is a stamp paper agreement which states the agreed amount & other terms, will use this to build pressure.
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Old 23rd July 2021, 20:19   #7
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Default re: Need advice | Sold my car, but buyer not paying balance amount

Quote:
Originally Posted by kkunal.shah View Post
Thanks guys, Iíll get going on the suggestions. One thing I have in my favour is a stamp paper agreement which states the agreed amount & other terms, will use this to build pressure.
Have you given him signed (from your side) form 29 and form 30? Those are documents that heíll need if he has to initiate the transfer (although I guess it wonít be an issue for an unscrupulous individual to fake your signatures). But till then you could use the threat of filing a police case on a stolen car (as still in your name).

In the end, the chances are very less of getting the full remaining money but give it your best shot.
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Old 23rd July 2021, 20:52   #8
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Default re: Need advice | Sold my car, but buyer not paying balance amount

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Whether youíre selling a car, a house or a phone itís the same rule. No point in putting oneself into a situation that warrants firefighting.

In the worst case, this experience would be one of lifeís lessons to drive home the point.

In the best, youíll get your money back.

Hopefully, itís the latter.
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Old 23rd July 2021, 20:57   #9
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Default re: Need advice | Sold my car, but buyer not paying balance amount

Quote:
Originally Posted by ninjatalli View Post
Have you given him signed (from your side) form 29 and form 30? Those are documents that heíll need if he has to initiate the transfer (although I guess it wonít be an issue for an unscrupulous individual to fake your signatures). But till then you could use the threat of filing a police case on a stolen car (as still in your name).

In the end, the chances are very less of getting the full remaining money but give it your best shot.

Yes I have given him form 29 & 30 both.
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Old 23rd July 2021, 21:06   #10
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Default re: Need advice | Sold my car, but buyer not paying balance amount

You shouldn't have let the car go, even with a rupee pending, even if it was a known person. You have given the NOC, and original RC, which is more than enough for the buyer to get the car transferred, so he has no basis to hold anything. All this talk of extra work, etc is just to take advantage of your kindness. Since you have a stamp paper agreement, please inform him that you will be going the legal way, and that too for your full amount (not deducting any 15k for repairs). Send him the legal notice if need be, I'm sure the lawyers here can advise the best.
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Old 23rd July 2021, 21:25   #11
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Default re: Need advice | Sold my car, but buyer not paying balance amount

Quote:
Originally Posted by kkunal.shah View Post
Yes I have given him form 29 & 30 both.
As far as I know, you can report this to the RTO citing fraud. Further to that, you shall request the RTO not to register the vehicle.

Tell the buyer that you'll report to police as well. As long as he agreed the amount prior purchase, it's irrelevant to you whether the car have additional repairs or not.

Also, do note one of the recent judgement from the supreme court if I remember correctly, that the seller should ensure the owner name will be changed promptly at the RTO. Or the previous owner will be held responsible if the new owner makes any accident or other mishaps. So you should act fast.

Needless to say, you are demanding him to pay the amount in full. Plus legal charges if any.

Last edited by igemini : 23rd July 2021 at 21:26.
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Old 23rd July 2021, 23:10   #12
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Default re: Need advice | Sold my car, but buyer not paying balance amount

Once you have sold the car the responsibility of maintaining it lies with the new owner. Why did you even agree to share 50% of the cost. I am sorry but you seem to have shown him too much of your good side which he is now taking mean advantage of.

As rightly pointed out never give your car without full payment? And that too to some one who's not in Mumbai.

The only way out is to threaten that you will file a police complaint that he has forcefully taken the car from you and not paid you in full. This is however possible if you have paperwork. If not tell him you are going to file a complaint that the car as stolen.

All the best in getting the balance amount, you may almost assume that this is a good as lost.

Last edited by suhaas307 : 25th July 2021 at 09:33. Reason: Spacing for improved readability
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Old 24th July 2021, 08:23   #13
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Default re: Need advice | Sold my car, but buyer not paying balance amount

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We advise you to read the Forum Rules before proceeding any further. Request to post ONLY when you have something substantial to add to a discussion.

Last edited by GTO : 26th July 2021 at 07:07.
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Old 24th July 2021, 08:57   #14
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Default re: Need advice | Sold my car, but buyer not paying balance amount

I have bought multiple pre-owned cars and sold multiple as well, at no point the car was taken or given without settling the entire amount agreed. That's the best practice. As someone mentioned, buying any pre-owned car is at the risk of buyer.

Assuming the right amount was mentioned in the form 29 and 30 and the receipt is available for the amount you have received -

1. Immediately send a stinker to the buyer that you have already initiated the legal/ police recourse and it will take its own path and also don't forget to mention that you are also claiming the legal expenses of this approach

2. If you don't get the money in one day, don't think further and give a police complaint of cheating without further wait.

Also don't share the repair expenses, that's not your duty to repair after selling, claim the full balance amount.

KK
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Old 24th July 2021, 09:51   #15
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Default re: Need advice | Sold my car, but buyer not paying balance amount

I'm 99% sure this person is a conman. Rather, an unscrupulous "agent" working for an used car dealer. He has essentially picked up the car at 25% lower than the wholesale price (cars24).
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