Swapping cars without getting screwed

[ezndo]

Have a chance to trade one of my cars for another from a private owner. Would involve transporting my car (A) from NJ to TN, other car (B) from TN back to NJ.

Questions: - do I write up some type of contract? If so, enforceability?
- want to prevent shipping A and not getting B in return - how?
- do I ship A with a signed title? If so, what's the recourse if I don't get B?

Never done this, don't want to get screwed.

Any suggestions appreciated.

[SakhirM4]

Why not drive to TN and drive the other one back to NJ?

[ezndo]

no real time to do that plus it would add mileage. Also not 100% sure car B would make a 16 hr drive

[Maestro]

Originally Posted by ezndo

no real time to do that plus it would add mileage. Also not 100% sure car B would make a 16 hr drive

I am not sure how you do not get screwed if the car is not that road worthy. It sounds like you're trading a project car and with any project car there going to be problem you are not going to see until you spend time with the car.

[RickFLM4]

Drive down in your car to deliver with title in hand and check out the other car in detail. If the car can't be driven back and you still want to do the trade, arrange to ship it back and have it picked up while you are there, then fly back. It means a lot of time, effort and cost but not sure of another way to do it unless you know someone you trust to do it on your behalf.

[ezndo]

My plan exactly, only I'm pushing for a 1/2 way meet somewhere. He tells me car has been on 2 Power Tours without issue, but you never know. I figure if I meet him 1/2 way then his car has to be road worthy. But I plan on checking it out thoroughly as possible.

Originally Posted by RickFLM4

Drive down in your car to deliver with title in hand and check out the other car in detail. If the car can't be driven back and you still want to do the trade, arrange to ship it back and have it picked up while you are there, then fly back. It means a lot of time, effort and cost but not sure of another way to do it unless you know someone you trust to do it on your behalf.

[wdb]

+1 vote for Odd Thread of the Week. Trading a car that you know for one that you don't with no in person inspection? Either you are very trusting or you are betting your car is the worse of the two. Either way, good luck.

FWIW NJ to TN can be done in 12 hours a.k.a. you're talking about investing a weekend of time in this.

[The Wind Breezes]

You need to do the trade in person, preferably with a mechanic really experienced in the car you're trading for.

But, let's say you do have a lawyer make you a contract (and you were going to have a lawyer do it, right?) Lawyer is the best way to do it and if you say, well, that's too expensive, then what the hell did you want a contract for in the first place? Let me tell you in no uncertain terms that the person who posted this thread is NOT qualified in any way, shape or form to write a good contract.

Now, let's say you do the contract, do the trade and when you get the car things aren't as you thought. GOOD LUCK making it right in court. But let's say you go to court and win. In the very best situation possible, which is that you're awarded damages and attorney's fees, you will have spent a lot of time, frustration, and your own money up front to get things right. In reality, you probably won't get attorney's fees either and they will be significant.

So basically, how bad do you want this car? Because unless you can afford to painlessly write off a questionable deal, the best way by far is for you to drive there and bring it back, either in the driver's seat or with a trailer (flatbed is not very expensive from u-haul).

Finally, trades are generally a bad idea unless you're very sure of what you're gaining and what you're losing. If you're not, and you think this is just an even trade, prepare to get absolutely raped by the other party.

[sirdaft1]

You have to treat these as two independent transactions (as they are). You fly out there and test drive vehicle/get PPI. Buyer of your car does the same. If all is well and mutually agreed, sign paperwork/titles/checks to each other in person. Then determine shipping of said vehicles individually.

Unless this other party is a close friend that you know and trust, I put the likelihood of a smooth transaction at 15%.

[geogerf]

Originally Posted by sirdaft1

You have to treat these as two independent transactions (as they are). You fly out there and test drive vehicle/get PPI. Buyer of your car does the same. If all is well and mutually agreed, sign paperwork/titles/checks to each other in person. Then determine shipping of said vehicles individually.

Unless this other party is a close friend that you know and trust, I put the likelihood of a smooth transaction at 15%.

This is good advice. Only thing I would change is ask for cash, not a check - and buy a counterfeit pen prior to the meet up and check it there on the spot.