Stop payment on a check for a motorhome that was just purchased from us?
ByWe just sold our 1991 motorhome and we were very honest with the issues that were related to it. They came and gave us a bank drawn check and our bank verified funds, then we went to the DMV with them and after they left us it broke down and now they’re threatening us with stopping payment on the check, etc. What are our rights? It’s totally registered to them now. And he’s saying that’s the reason the check was written like it was…not certified…so there’d be a 3 day grace period in case anything went wrong with the rv. Can you help? We don’t know where to turn.
I need to add that the check was made out to me, my husband, and the buyer. We all signed it and then deposited it in my account. Therefore we can not take the check to their bank and cash it. And now the buyer is threatening to stop payment on the check becaust the rv broke after he took possesion of it. There were no warranties offered by us or anyone else and they never had an independent mechanic look at it. Again, we were very honest with the issues that the rv has…but it has been sitting in storage since October…we have not driven it at all since we parked it in storage.
5 Comments
March 10th, 2010 at 8:43 am
Cash the check and send the dipweeds on their way.
March 10th, 2010 at 9:26 am
Go to the bank it’s drawn on and cash it. If the money is in the account, there is no three day hold on the check. Unless you gave them a warranty of some kind or if there is some law broken because of the condition of the RV, the sale will be upheld and they will owe the money. If you go to the bank and the check is dishonored, the best thing you can do is get the title back and move on. If they wont give you the title back, I’d report the vehicle as stolen.
EDIT: I’m not sure that he CAN stop payment in this situation, since the check is made out to all of you. I may be wrong. I havent looked at UCC stuff for quite some time.
March 10th, 2010 at 10:25 am
Ignore them, I don’t think they can stop payment on a bank drawn check. Check with your bank to make sure. Just don’t spend the money until the check clears.
March 10th, 2010 at 10:54 am
Just deposit the check as soon as possible. If they do stop payment on it before you cash it, you can go to court (small claims, if it’s under the limit) and recover. It is illegal to pass a bad check, and it will be very easy for you to obtain judgment. I wouldn’t worry about this too much. The law will be on your side if anything happens.
March 10th, 2010 at 11:12 am
since you screwed up right out of the gate…….what kinda check does everybody have ta sign? seems the buyer planned this…..better know where that moterhomes at….and if he stops payment, have it towed right back to your house. You need to get possession as soon as possible, and stop the game playing. Then if he still wants to buy it…jack the price up.