Asked 1/20/2011
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Private selller of a vehicle needs to repo her car, but the buyer has the title and its signed not notorized and there is no bill of sale can I repo? She is avoiding phone calls and not making the payments as verbally agreed. The title, registration and insurance is still in my name and I want my car back before she wrecks the car or worse do I have the right to take it and demand the title and keys ? |
Answer 1/6 - Submitted 1/21/2011
Based upon the information you've provided, you're the legal owner of the vehicle. It's your property. My first thought is I would reasonably assume that you have the right to repo the vehicle pretty much anytime that you wish. However,...the only issue I see of concern from a potentially legal standpoint are any conditions or agreements you've made with the buyer during the sale of the vehicle --- especially any verbal agreements you've made.
In addition to the above suggestion, I would consider sending this individual a letter, by certified mail, reminding him/her of the conditions and agreements you've made with regard to the sale of the vehicle. I would note any actions that need to be taken by the buyer to resolve the issue(s) at hand. And finally, if the buyer fails to satisfactory resolve the issues in question with you, I would note any resulting consequences (i.e.: Reporting this issue to local police, possible legal actions, etc.)
KEY POINT: To be on the safe side and ensure legal footing, I would seriously consider getting clarification and guidance on this entire issue from a legal expert who is familiar with any applicable laws in your area.
Answer 2/6 - Submitted 1/21/2011
Based upon the information you've provided, you're the legal owner of the vehicle. It's your property. My first thought is I would reasonably assume that you have the right to repo the vehicle pretty much anytime that you wish. However,...the only issue I see of concern from a potentially legal standpoint are any conditions or agreements you've made with the buyer during the sale of the vehicle --- especially any verbal agreements you've made.
In addition to the above thoughts, I would consider sending this individual a letter, by certified mail, reminding him/her of the conditions and agreements you've made with regard to the sale of the vehicle. I would note any actions that need to be taken by the buyer to resolve the issue(s) at hand. And finally, if the buyer fails to satisfactorily resolve the issues in question with you, I would note any resulting consequences (i.e.: Reporting this issue to local police, possible legal actions, etc.)
KEY POINT: To be on the safe side and ensure legal footing, I would seriously consider getting clarification and guidance on this entire issue from a legal expert who is familiar with any applicable laws in your area.
Answer 3/6 - Submitted 1/21/2011
I will step on top of the first answer here. You have many legal issues, and depending on what state you are in will depend on what is legal or not. repossession laws vary from state to state. The person that has the car has a signed title. No payment agreement in writing only a verbal agreement. And in turn could be a she said he said situation. You signed the title over, but the car is registered in your name, the other party that has the title has the legal ownership of the car, and since you signed title, implies that you signed over the car, when payments are due on a car, private party included a lien holder is recorded on the title that would be you, and the registration is placed in the buyers name, If you showed up to repo the car, believe it or not in CA you could go to jail. Verbal contracts for auto sales in CA are not valid, the holder of the title rules. Even when the true lien holder tries to repo a car there are so many rules they have to follow. If the car is in a drive way, it legally can not be taken. I highly recommend you contact an attorney. Depending on the amount owed I would file small claims case against the person, if more than the max in your state file a civil case. But you do need to send a certified letter, indicating the amount past due, and make a demand for the money before you repo it. A phone call means nothing, and is not even evidence for court.
Answer 4/6 - Submitted 8/3/2011
Absolutely NOT! You have no rights to the vehicle as far as any law enforcement officer would believe. What can you show for proof that you own the car a handshake? The only way to get your car back is to sue in small claims court or civil court for the vehicle or the balance of the loan which is in default. The first order of business is to send a "Demand for Payment" Letter by registered mail . Demand for the balance of the loan to be paid in full with in 10 days ? check your state for appropriate time line for re- payment requests. After the time has passed you can then file your case in court. Good Luck
Answer 5/6 - Submitted 11/20/2011
Bottom line if vehicle is still registered to you apply for lost title and go get the car. You are the legal owner. I sold a car one time and the guy never changed it over. The car got towed. I called DMV and was told it was legally mine. I bailed it out of tow yard and sold it again. This time I made sure it was changed over at DMV. I live in Washington if that helps.
Answer 6/6 - Submitted 11/29/2011
I don't know if by handing over the title to the other person means that you transferred it to her legally.In addition if you allow persons to drive on your insurance certificate and an accident occur this will naturally go against your insurance premiums, which will caused it to increase especially if the he/she is at fault. You need to bring this situation to an end.If you did not transfer it to her,you can have it repossessed; and if you transferred it to her and she is not fulfilling her obligation take her before the Courts so that you can bring closure to the transaction.
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