Buyer's Right to Retain until Refunded?

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Know your rights and law!
Know your rights and law!
Know your rights and law!

Based on true story.

Have you been harassed by your sellers before? If you're one of them, then you must be aware of your rights and law before releasing your money from fraudulent and obnoxious sellers. Why? Because money is hard to earn, so then let anyone be benefited by your innocense.

I have a story regarding seller's defrauding acts. A family friend of ours had experience this. They bought a second hand van from seller A (lets assume this is the seller). All have completed the agreement as to the terms and conditions of the transaction but never put it into writing. Of course the transaction involves a big lump sum of money. Payment day comes, the buyer B paid in full cash to seller A and so the van was delivered to the buyer B. However, to buyer B's dismay the van had some hidden defects which seller A failed to disclose to buyer B. So again, it was agreed the seller A will do the repairs on the said van. However, the seller A failed to comply with its obligation, and so buyer B asked for the whole refund and would not deliver back the van until full refund of the purchase price. Again, seller A defaulted, what was refunded was only the half price of the price. Seller A contested that he wont refund the other half if the van wont be first delivered back to them. Buyer refuses to deliver until refund of purchase price is completed.

Under this scenario, what would the buyer should do to protect his rights over his money? What would he should do? Is there any law providing for his right to retain the van with hidden defects? Is the seller liable for any damages again the buyer? What are the steps to be taken by the buyer to protect his rights?

First, Buyer must act immediately to protect his rights. How?

Have the incident reported to the nearest police authorities and have it recorded.It is important that you have a record that the seller indeed defrauded you in case matters get to worst and cannot be resolve in diplomatic means.

Second, Execute an affidavit to that effect stating all the important facts and circumstances starting from the agreement up to the time when the seller defaulted in returning the refund.

Third, Secure all the important supporting documents / evidence of the transaction. This is your ultimate weapon against the seller in case he demanded the van and cried that he was the one who has been defrauded. There is no best evidence that the authentic public document of the transaction such as the deed of sale, acknowledgment receipts, contract of sale, testimonies of witness.

Fourth, Have those legal documents attach (copies only) to the affidavit. Such attached document will strengthen and support your testimonies in case the seller would cry a different story of his own.

Lastly, Know your law and rights. Of course, nobody will protect you but yourself. So must always equipped yourself with legal knowledge and know what are your rights so that no one would try to harass you.

Books to Help Buyers in Buying Second Hand Cars

Buying a Second-hand Car ("Which?" Guidelines)
Buying a Second-hand Car ("Which?" Guidelines)

ONE OF THE WHICH GUIDELINES series which guides the reader through the process of buying a second hand car, from choosing the model, inspecting the vehicle and arranging finance, to finding out what to do later if things go wrong. Tips are given on car security, running costs and selling cars.

 
Car Buying Tips That Will Streamline The Car Buying Process
Car Buying Tips That Will Streamline The Car Buying Process

From the very first moment you step on the car dealers lot you need to be on the defensive. Its important to realize that in just a matter of seconds the salesman is able to size you up and come up with an unspoken profile for how he is going to sell you a car!If you are even mildly interested in buying a car, do not step onto the mine field without this book entitled, Car Buying Tips That Will Streamline The Car Buying Process. Here is a little of what you will learn inside of this book: - Discover the best time to shop for a car- How to avoid a dealership scam- When to walk away from a transaction- What to do about financing before you are ready to buy- Learn the difference between guarantee and warranty- How to avoid a scam called etching- Why you should never sign loan papers twice - And more

 
Car Buyer's and Leaser's Negotiating Bible, Third Edition (Car Buyer's & Leaser's Negotiating Bible)
Car Buyer's and Leaser's Negotiating Bible, Third Edition (Car Buyer's & Leaser's Negotiating Bible)

· Instructs shoppers on how to establish the right price target, determine the value of a trade-in, and negotiate successfully

· Provides advice to women and minorities on how to avoid price discrimination

· Updated for the 21st-century car shopper, including Web search tips, tricks, and facts about buying the latest vehicles

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Buying a Car For Dummies
Buying a Car For Dummies

Stay in the driver's seat as you steer your way through buying and owning a car, negotiating a fair price, and getting insurance and a maintenance plan you can afford. Buying A Car For Dummies can help you save a truckload of money over the life of your vehicle as you find out all you need to know about new and used car ownership in this entertaining and informative reference guide.

 
Home Buying For Dummies, 4th Edition
Home Buying For Dummies, 4th Edition

To buy or not to buy? — weigh the advantages of owning versus renting, get your finances in order, and know how much house you can safely afford

 

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