Weird situation

[gottwins?]

I am in somewhat of a weird situation and dont know what to do. I have been trying to sell one of my Z's but with school and everything else going on in my life I really have not had the time to put the proper effort into selling it. I have a friend in rockford IL that has his own shop and told me he could keep the car there and sell it for me. So we made a deal in which I wanted $5,000 and he could keep anything after that.

He then made and processed a receipt which stated exactly what I said (customer agreed to let the shop sell the car, anything over $5,000 would be the shops money). So I had a buyer set up which was going to pick the car up on saturday at noon. I get a call at 9:30 in the morning from my friend telling me that he was driving the car and blew the motor (threw a rod). The buyer shows up at noon and obviously does not want the car anymore.

I have yet to settle things with my friend but I like to cover my bases. In case things get ugly, how would I go about this if he refuses to repair the car? Any help would be appreciated.

[BigSnailBuick]

Well sounds to me like you have a legal document saying they owe you $5000. His own damn fault that he beat your car... cause you know he drove the thing like a race car when it happened. Ive almost never had something go snap or boom unless I was pounding it. His loss not yours he should pay for it and hope he sells the car for $5000 plus what it cost him to fix it.

[gottwins?]

Well sounds to me like you have a legal document saying they owe you $5000. His own damn fault that he beat your car... cause you know he drove the thing like a race car when it happened. Ive almost never had something go snap or boom unless I was pounding it. His loss not yours he should pay for it and hope he sells the car for $5000 plus what it cost him to fix it.

Alright cool thanks, I just wanted to make sure that the receipt was enough. But yeah there is no doubt in my mind that he was beating it, he is actually selling his custom sentra in which he blew the motor too (which I just found out today). I told him not to fuck with the car since it was no longer a toy but a money investment. :flipoff2: I will be reasonable though and give him a chance to fix it.

[GTSLOW]

Wow some fuckin friend. I hope everything pans out for the best.

[VroomPshhTsi]

I could see this going either way depending on the wording in the receipt. If it just says you "allow" them to sell the car, then you might be screwed. If it says something more along the lines of it is now the shop's responsibility to sell it (of which you are guaranteed $5,000), then you should be fine.

Good luck, keep us updated.

[Prince Valiant]

ooooh...this not b cheep.

[gottwins?]

I could see this going either way depending on the wording in the receipt. If it just says you "allow" them to sell the car, then you might be screwed. If it says something more along the lines of it is now the shop's responsibility to sell it (of which you are guaranteed $5,000), then you should be fine.

Good luck, keep us updated.

This is exactly what it reads under labor description. "Consignment to sell vehicle. Sell vehicle for 5000, anything over is profit for *shop name*"

[0TransAm0]

wouldn't the insurance company either yours or one of said shop cover this?
just a thought..

[GTSLOW]

I don't think insurance covers mechanical? Theirs might?

[FoxStang]

A bailment was definitely created, so you'd have to prove without a reasonable doubt that there was gross negligence on the behalf of the bailee for him to be liable. That is if he doesn't want to pay the damages.

[gottwins?]

A bailment was definitely created, so you'd have to prove without a reasonable doubt that there was gross negligence on the behalf of the bailee for him to be liable. That is if he doesn't want to pay the damages.

Thats what worries me....common sense does not work in our "system". I dropped the car off, got a receipt...and he blew the motor a week later. I really have nothing else lol.

[Cryptic]

I have no legal advice to offer, but common sense law tells me that he had no business driving the car, especially hard.

[WI_Dave]

What if he says motor blew while 3rd party was test driving? Just curious if he denies he did it, what grounds you might have.