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KANSAS_TWISTER 08-23-2010 02:53 AM

issues with selling a trailer
i finally sold my 2 horse bumper pull to the new people across the street, the last sale fell through when i found out that the pior owner never paid back taxes on it.....forward to last month when they said they wanted it, they gave me $150 and wanted the trailer right then and would do payments over the next few months .( sold it to them for $550) told them that i would pay the back taxes on it once every thing was paid off....i never wrote up a payment contract but still hold the title on trailer....this month she only gave me $20.........ummmm ok..... later on that day i texted her and told her that i would like the whole thing paid off by oct , she said that would be fine...only later to find out that she has been writting hot checks every where....ughhhhhh ......if she surpasses paying me(IN cASH) after oct do i have the right to revoke paying the back taxes ...i know if they have missed three payments in a row i can take the trailer back......but don't really want it back

leonalee 08-23-2010 08:47 AM

Put something in writing specifying how much they are to pay each month, the pay-off deadline, your agreement to pay off back taxes if they pay of trailer by a specific date, and your course of action (what will the repurcussions be? that you won't pay back-taxes?) in the event of a default on payment (not on time, not paid up by the deadline, etc).

I suggest you do a consultation with an attorney and see if you can get him to yay/nay contract ideas/drafts (it is detailed, which will help... you always want to have specifics), or something similar that you draw up. Granted, it is only $550, so finding an attorney to do a free consult would be fantastic, but you will likely have to pay :-/ Anything in writing is better than heresay... just march over there with something just so you can say your agreement is in writing... I would write something like (keep in mind, I'm just a savvy layman and this DOES NOT constitute/substitute legal advice):

"I ________ (herein listed as seller) agree to sell my trailer to __________ (herein listed as buyer) in consideration of ____ amount of dollars, to be paid ___ times monthly, in the amount of x____. All payments must be paid by _____ date_____ of each month, and payment in full must be completed by ___date___. At the end of the payment period (__date__), buyer agrees to release title of trailer to seller. Buyer retains right to hold title until payment in full is received.

If all payments are on time and in full by the buyer, seller agrees to pay the back taxes owing on this trailer, in the amount of ____. In the event of late payment (even one day) or failure to pay in full by __date___, seller will not pay back taxes and buyer will be solely responsible for paying them in full, in the amount of _______."

Sounds official to me ;-) Good luck! Seriously though, I'd march right over with a written agreement of some sort. Not sure your course of action if she refuses... hmmm... because ultimately, even though it was verbal, you made an agreement to sell your trailer to them and they've already started paying you for it...

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