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Your question presents an
Submitted by Staff_Writer on
Your question presents an issue of contract law. Whether or not you are entitled to recover damages will depend on the terms of your contract. If your contract contains an "As Is" clause, it means that the buyer accepts whatever you are selling in exactly the condition it is in, regardless of what that condition is. A buyer who has accepted an As Is contract has no right to later get out of the contract because they object to the condition the goods are in. By changing the title of your car to his name, the buyer has demonstrated that he accepts the contract. He will therefore be bound by the contract. If he has not paid you the money he owes you under the contract, you are entitled to recover money damages in the amount he still owes you. If he is not willing to pay you voluntarily, you can sue him in court to obtain a judicial order for payment. In California, you do not need a lawyer to file a lawsuit in small claims court. Small claims courts hear disputes involving amounts up to $7,500. You can represent yourself in small claims court as well. The filing fee ranges between $30 and $75, depending on the amount you claim in damages. More information is available from the Department of Consumer Affairs at http://www.dca.ca.gov/publications/small_claims/basic_info.shtml, or from the California Courts at http://www.courts.ca.gov/selfhelp-smallclaims.htm/
Your question presents an issue of contract law. Whether or not you are entitled to recover damages will depend on the terms of your contract. If your contract contains an "As Is" clause, it means that the buyer accepts whatever you are selling in exactly the condition it is in, regardless of what that condition is. A buyer who has accepted an As Is contract has no right to later get out of the contract because they object to the condition the goods are in. By changing the title of your car to his name, the buyer has demonstrated that he accepts the contract. He will therefore be bound by the contract. If he has not paid you the money he owes you under the contract, you are entitled to recover money damages in the amount he still owes you. If he is not willing to pay you voluntarily, you can sue him in court to obtain a judicial order for payment. In California, you do not need a lawyer to file a lawsuit in small claims court. Small claims courts hear disputes involving amounts up to $7,500. You can represent yourself in small claims court as well. The filing fee ranges between $30 and $75, depending on the amount you claim in damages. More information is available from the Department of Consumer Affairs at http://www.dca.ca.gov/publications/small_claims/basic_info.shtml, or from the California Courts at http://www.courts.ca.gov/selfhelp-smallclaims.htm/