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Discussion Starter #1
So I bought a 2004 Impreza WRX. Car is prestine. Got it off of craigslist. I got the loan, my bank sent a check to pay off the lein and make their lein and sent the remainder check to the owner. Now the owner says that they aren't giving me the car until the check clears!!!!


It's a friggin cashiers check for $9k. In the meantime, I am the legal owner of the car and they coudl wreck the thing and I woudl be stuck. It could take a week or better for the check to clear. I told them to just verify the check and I'd make the 2.5 hr drive to get the car. But the fella is being pretty persistant that he is not giving me the car till the check clears.

I'm thinking of getting my loan papers, the title and the power of attorney letter he signed relinquishing the ownership of the car to me and going to his house with the police. It is my car and he cannot legally hold it. But I don't want to piss the guy off in the meantime for obvious reasons.

What should I do?
 

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I can understand why he wants it to clear, but he should have told you that up front. Do you need the car? I'd ask him to send you a picture of the mileage immediately so you can make sure he doesn't drive it. When did he deposit the check? Since it's a bank check, it shouldn't take more than 2-3 business days to clear since checks are cleared electronically.
 

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Peachypumpkincheeks
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^^ +1

It's a sticky situation, but I can see how both sides are trying to protect their assets. Just keep communicative with the guy (NICELY) and you'll have your car in no time, I'm sure. :)
 

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+1

The problem here is, these details should have been discussed PRIOR to any payment.

FYI: Unfortunately, just because it's a "friggin cashier check" doesn't mean anything. Fake cashier checks can easily be printed off of any computer. In fact, fake cashier checks are actually a relatively common fraud these days. Especially, with internet transactions.
 

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Cashiers checks do not take time to clear they can be cashed instantly


go back and make them give you the car.

i Drove away 1 hour after handing over the cashiers check for my WRX

i would have brought stacks of 100 dollar bills if i thought the cashiers check would give me problems.
 

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Cashiers checks do not take time to clear
Wrong. Your bank may let you have access to the funds immeiately but that doesn't mean the check is not fraudulant or that it wouldn't take a one/two days to find that out.
 

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Wrong. Your bank may let you have access to the funds immeiately but that doesn't mean the check is not fraudulant or that it wouldn't take a one/two days to find that out.
HMMMkay well my experience with cashiers checks is instant gratification.

i guess i ran into a trusting dealership???
 

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HMMMkay well my experience with cashiers checks is instant gratification.

i guess i ran into a trusting dealership???
Same with me, I paid with a cashiers check and no clearance issues. If its real it cashes right there and then, and thats that. At least in my experiences
 

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Same with me, I paid with a cashiers check and no clearance issues. If its real it cashes right there and then, and thats that. At least in my experiences
I once deposited a 50,000 dollar cashiers check and took ten grand cash out at the same time, the cashiers check i cashed was not from the same back i was cashing it at.

cashiers checks clear immediately i thought???
 

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HMMMkay well my experience with cashiers checks is instant gratification.

i guess i ran into a trusting dealership???
A dealrship can afford to be a little more trusting because they get verification of your info before you leave with the car but private internet transactions are generally very different.

Check this link or just google cashier check scams
 

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Please click the link in my above post or google negerian scammers.

Same with me, I paid with a cashiers check and no clearance issues. If its real it cashes right there and then, and thats that. At least in my experiences
Just because you have instant access to the funds doesn't mean the check is real. If the check turns out to be fraud then the person that "cashed it" is on the hook... and yes fraud does take time to discover (several weeks sometimes).

You guys are all prime targets for negerian scammers...
 

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You guys are all prime targets for negerian scammers...
I think your stretching the evidence a lil thin, just because I told the OP that his bank check that he gave to the dealership should have been available immediately, Does not mean i am ripe to be scammed by nigerians.

i know a thing or two about various check scams
 

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I think your stretching the evidence a lil thin, just because I told the OP that his bank check that he gave to the dealership should have been available immediately, Does not mean i am ripe to be scammed by nigerians.

i know a thing or two about various check scams
I was only joking with you but seriously... The too common misconception that "it's a cashier check so it must be good" or even "my bank gave me the cash so the check must have been good" are what keeps many internet scammers in business.
 

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Discussion Starter #15
There was no mention of the check clearing at anytime while making the deal. My loan officer even contacted him three times. He knew what was going to happen and then he says the check has to clear.

I have a power of attorney signed by him giving me ownership of the car, so that I could pay his lein off and get the title. I'm going out to his house tomorrow, and one way or the other, I will be driving MY car home. If I have to call the cops, furnish proof of ownership, and have them get the car for me, that is what I will do. The car is legally mine and I will take it home with me tomorrow.

I was just asking advice, because I don't want to be mean to the guy. It did kind of tick me off that he waited till the deal was done and then popped this in. He told me, "If it were a cash deal, it would be differant" I told him, if it were a cash deal, he didn't even have the title. He woud have had to pay off the lein first, get the title and then do a cash deal.

Nobody is going to do a cash deal without title in hand. The thing that I'm pressing, is that he could VERIFY the check and know it is good. He doesn't have to wait for it to CLEAR. That is what I don't understand. Why he doesn't just verify the check.

One way or the other, I'm going home with the car tomorrow, I just hope it goes nice as it can.

-SJ
 

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I think I would've done the same thing in his position. Too many bad things now a days with cashier checks.
 
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