I sold a mobile grooming van to a woman on Sunday for $61,500, which is $5000 lower than asking price to cover potential unexpected issues that may arise. Two days prior to the sale, I sent her a video showing everything working. The night AFTER taking this video, the freshwater tank froze. I disclosed this to her in writing before she left her house to come see the van and explained that she would not be able to test the water. She decided to come anyway. She inspected the van and decided to buy it anyway. We filled out a bill of sale with AS IS written in the terms and conditions. When she got home, she claims the water wasn't working. She (presumably) put a stop on the check (it won't technically clear for a few more days). She told me today that she sent a new check for the cost of the van minus the repair ($3000) and she texted me a receipt for the fedex package. She keeps saying that I misrepresented the condition of the van.
What can I do?
Why have are the lawyers in my area saying no to my case?
How can I find someone to help?
Edited to add that I am in NY and I have spoken to a cop. He said the only thing that would be illegal is if the check bounced. He says it's not illegal to put a stop on the check. He is not a lawyer, though.
Answers
. What you can do right now (practical, immediate steps)
A. The buyer does not get to unilaterally change the deal
She cannot legally decide to:
• stop payment, and
• send a new check for less money, and
• claim a deduction you did not agree to
That’s not how contracts work.
You had:
• Disclosure in writing about the frozen tank
• Buyer chose to proceed knowing water could not be tested
• AS IS bill of sale
• A negotiated price reduction already given to cover unknown issues
That’s a very strong factual position for you.
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B. Preserve evidence immediately (do this today)
Create a folder and save:
• The video you sent showing everything working
• The written message where you disclosed the frozen tank
• Any texts where she acknowledges the disclosure
• The bill of sale showing “AS IS”
• Proof of original agreed price ($61,500)
• Proof she stopped payment
• The FedEx receipt she sent (do not cash the new check yet)
Do not argue emotionally with her. Keep communication short and factual.
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C. Respond once, in writing (calm + firm)
Something like:
The van was sold AS IS for $61,500.
The frozen freshwater tank was disclosed in writing prior to your inspection, and you chose to proceed with the purchase knowing the water could not be tested.
I do not agree to any price reduction. Please immediately release the stop payment on the original check or remit the full agreed amount.
If payment is not received, I will pursue legal remedies for breach of contract and bad-check enforcement.
After that—stop engaging.
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D. The stopped check matters
In many states, stopping payment without legal justification can be a civil violation, and sometimes even triggers bad check statutes (especially at this dollar amount).
You may have options including:
• Small claims (if your state allows high limits—many don’t)
• Civil court breach of contract
• Demand letter from an attorney (often enough to end this)
• Law enforcement report (not for arrest—but documentation)