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Old 04-19-2006, 02:52 PM   #1
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[QUOTE=blue2000s][QUOTE=Brucelee] If you DID pay with a personal check, I would NOT stop payment on that. In some states, that is considered to be fraud or similar felony and it puts you in the hole legally right off. You don't want the sheriff at your door with an arrest warrant.
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It's only illegal if you don't have the funds when the check is written. It shouldn't be illegal to stop payment on a good check.
It is in this case. The car is sold when it is sold. If you pay me for the car and then you cancel it willingly, you have taken my car and have not paid for it.

His legal recourse is governed by the laws of that state. I doubt they allow someone to unilaterally withdraw payment or void the sale.
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Old 04-19-2006, 02:58 PM   #2
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Lets cut the speculation. Depending on the contract and the laws of the state, this buyer either has rights or not. He may be stuck or he may be in good shape, we can't tell without the info, which only he has.

Now, if the dealer sold him a car with a personal check, the dealer is a moron! I know of no dealer that will take a personal check of this amount but I suppose that there are some.

Hence, there is no check to stop payment on. If you go to your bank and ask them to stop payment on a bank or cashier's check, they will simply laugh at you. That is why sellers want a bank or cashier' check. It IS as good as cash, as long as it is not a fake (this happens sometimes).

The post above is partly correct. A new law in CA allows a three day cooling off period for cars sold for under $40K. There is a charge which can be quite hefty for this return but it now can be done.

For cars over $40K, there is no cooling off period.

I only deal with cars that well for over $40K. Can you tell why?
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