This deal is not going to be enforced by the court. Technically he breached the agreement and you should get damage. The problem is that the sale of goods is over $500 and Statute of Frauds applies. Unless you have some writing to attest the agreement, it is unenforceable by the court. Signing a check or transferring the title does not constistute such writing. Frankly, if what the seller said was correct that once you paid him, the risk of loss is passed on to you so that if anything happened to the car you are responsible for it, provided that the loss was not caused by his volitional conduct, which, will bring another resolution, see below:
Since you have tendered, the car IS yours and it does not matter who has control of it right now. Besides, look at the title. It IS under your name, right? What you can do is to demand his return of your car. If he returns, and the car is damaged somewhat, you may have a car of trespass to chattel which you can sue him in the court. If you can prove he is acting in bad faith, you can ask for punitive damage. If he does not return, you can sue him for conversion, and again, you can ask for punitive damage. If anything is different than what he said in the offer, such as higher mileage than he described, (I assumed this since he did not want you to see the car), that would constitute misrepresentation, which you can sue him in the court, if you can prove that the misrepresentation is to a material fact, that is, but for his misrepresentation you would not have bought the car, AND he knows or consciously disregarded the risk of whether the representation is true or false. Once you prove those the damage is presumed.
You have lots of options in tort but none in contract, from what I saw. Contact a lawyer for help.
Since you have tendered, the car IS yours and it does not matter who has control of it right now. Besides, look at the title. It IS under your name, right? What you can do is to demand his return of your car. If he returns, and the car is damaged somewhat, you may have a car of trespass to chattel which you can sue him in the court. If you can prove he is acting in bad faith, you can ask for punitive damage. If he does not return, you can sue him for conversion, and again, you can ask for punitive damage. If anything is different than what he said in the offer, such as higher mileage than he described, (I assumed this since he did not want you to see the car), that would constitute misrepresentation, which you can sue him in the court, if you can prove that the misrepresentation is to a material fact, that is, but for his misrepresentation you would not have bought the car, AND he knows or consciously disregarded the risk of whether the representation is true or false. Once you prove those the damage is presumed.
You have lots of options in tort but none in contract, from what I saw. Contact a lawyer for help.
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