Sold my Maruti Ritz but buyer not paying the balance amount

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.

BHPian kkunal.shah recently shared this with other enthusiasts.

I am seeking advice from forum members on the recent sale of my 2009 Ritz VXI. I had got the car evaluated through Cars24 & 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 interacted 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:

• Original RC
• NOC from RTO for ownership change
• 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. 30,000 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.

Here's what BHPian Rahul Bhalgat had to say on the matter:

Lawyers on the forum are the best members to advise. My thoughts as a businessman are as follows:

• 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.

• 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.

• 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.

• 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.

Here's what BHPian abhishek46 had to say on the matter:

This is not the correct way to sell a car. It does not matter if the guy is decent or indecent.

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.

Here's what BHPian ajmat had to say on the matter:

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

You do 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.

Here's what BHPian Akshay1234 had to say on the matter:

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.

Here's what BHPian SmartCat had to say on the matter:

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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