Hi I have a complicated problem. I sold my car back in August to a private party. The seeling price was $2000. On that day she took the car and I took $1700 with the remaining $300 to be paid when I got her the title (it was a clear title but filed at home still). We had a bill of sale with that info spelled out. I called her the next week several times and she said she was not able to meet because she was in the process of moving. The next week both phone #s for her were disconnected. With some info she had told me and some internet searching we got ahold of her mother. After several weeks of the run around from her mother "I will have her call -yadda yadda" we find out she is actually in jail. So in December we go to the mothers house and take the car back from her. We write up a ltter that says we will hold the sale until Feb1 (the mom believed her daughter would get out in mid December). Well in the mean time I found the public records of the arrest and the daughter plead guilty to a hot check charge in mid Jan and was sentenced to 6 months state jail and fine of $2500 and attorneys fees of $450. We again spoke with the mom on Feb 1 and the mom says she thought her daughter was getting out that week - and we gave her until Feb 14 (actually she picked that date to call us back) She called back today and says she really doesn't know when her daughter is getting out and if she will even be able to pay the $300 any time soon becaus of all the fines etc.
Sorry this is getting long
We now have the car and intend to keep it - fix it - and sell it. We do not feel like we need to give them any money back because the car now has a leaking oil problem and the interior is trashed - needs a new headboard, and the sun roof needs to be serviced, it is stuck partially open. And she had the car from August until December.
We told the mom that if the daughter happens to get out sooner rather than later and we have not sold the car yet we will sell it to her for the $300 and any additional repairs we have done (with receipts of course). The mom believed that was fair And that if she does not get out soon and we get it all fixed and sold then that will be the end of it.

So now I need help writing a letter to the mom - and maybe the Daughter - can they get certified letters in jail? I want it to say some thing about the sale being voided (but not really that word) due to non-payment and that she will no longer have ownership rights to the car. I don't know how to word it.

Thanks for any help and if anyone has any experience is this kind of situation that would be great too. BTW we are in TX.
Lanicia

Ok here is kind of what I want to say:

February 15, 2008
This letter is to finalize the sale and forfeiture of 1997 Saturn. Final converstaions with Jo M were conducted on Feb 15, 2008. At this time contact with T M cannot be made and final payment of the 97 Saturn has not been made. Final agreements are as follows:
J S and L C will retain ownership of 1997 Saturn. At this point they will begin necessary action to to repair damages to the vehicle while it was in the posession of T M. After final repairs are made the vehicle will be offered for sale to the public. If before the vehicle is sold T M makes contact with J or L she will have the option to pay remaining purchase price of $300 and repair costs (receipts provided). T will be required to pay the amount in full and complete the title transfer at the county offices. No further accomodations will be made concerning the 1997 Saturn and at which point a sale has been completed it will be considered final.
Contact information:

What do you think?
thanks
L

I can't really help you with the letter but I would make sure I would include the orginal agreement in the letter, as well as every attempt you made to contact her. I would spell out every coorespondence attempt too. The steps you had to take to try to find her. This way, if she should try taking you to small claims court or raising any type of issue, you have it all spelled out how much you tried and how she failed to live up to the agreement. Send the letter certified with a receipt to make sure she or her mother received it.
Good Luck!

If sending by USPS, I would suggest that you send the letter by certified w/ signature required as well as regular. That way if one of the letters is returned you have an argument that the person received the other. I'd send the letter to her last known address (even though you know she's not there), to her mother, and to her in whatever correctional facility she is residing in at the moment.

I would word it more along the lines that the buyer is in breach of signed contract which stated she would complete the purchase of 1997 Saturn by paying $300 by xx date. As such, Ms. XXXX has forfeited the initial payment of $xxxx. At this time, xx and xx have taken possession of the car. If payment of the remaining balance ($300) is not received within 10 business days, the car will be placed for sale to the public.

I wouldn't even bother with the explanation of letting her buy it at a later date. Short sweet and to the point.

__________________
Mental that one, I'm telling you. ---Ron Weasley, "Harry Potter and the Chamber of Secrets"

I was planning on attaching a copy of the original sale agreement and then the one we did when we took the car back in Dec....but I guess a timeline would be good as well. Thanks.