Car Lot Will Not Come Get There Car

[Fourtoads]

Jurisdiction

Texas

My son put a down payment on a 1996 Toyota Rav 4 in March of 2017. In April he made his first payment. Then in April, the clutch went out. He tried to contact the car lot to no avail. I called and did not get an answer for over 3 months. Then out of the blue, they called me and asked for a payment. I asked about no one answering phone calls and was told that the partner had broken his back. I explained the issues with the clutch and that my son no longer wanted the car. They said that they would fix the car and add it to his note. My son decided he did not want the vehicle due to their lack of communication. So I began the process of trying to get ahold of someone again. When I finally got someone I told them he didn't want the car. They said they would come pick it up, Several months go by and they never came. Then one Sunday a very shady looking man shows up and says he is the car dealers friend and he was there to drive the car off. I again explained that they will need a tow truck. He said he would be back. Again months go by and he shows up at 930 - 10 at night. There is a big fiasco because they did not identify themselves and they threatened my husband. We had to call the police. Again they planned on driving the car. It is now November and they have not removed the car from my property. They will not answer when we call. Can I claim the car and get the title so I can do whatever I want with the vehicle?

 

[army judge]

Can I claim the car and get the title so I can do whatever I want with the vehicle?

The car has a lien on the title, at least I would suspect it does.

Even if it doesn't, under what theory of property law do you think you could legally assert title to a car for which someone still owes money to another?

 

[txls]

The car has not been paid for, and you certainly have no rights to the car. Your son needs to go to the car lot and find out if they are going to let him back out of the deal. Then it would be wise for him to have the vehicle towed to them. Because they don't have to let him back out.

 

[Fourtoads]

The car has a lien on the title, at least I would suspect it does.

Even if it doesn't, under what theory of property law do you think you could legally assert title to a car for which someone still owes money to another?

I was told that since I have not given them permission to store the vehicle on my property that they have in essence abandoned it.
I was told that it is part of the law that city governments use when you leave a car on the side of the road and they tow it and then sell your car if you cant recover it.
I have contacted tow companies to try and have it towed but they will not touch it since the legal owner is the car lot. They told me the car lot has to tow it. I told the police that I would just push it out in the street and let them tow it and they told me that I couldn't. So I am stuck with a car on my property that they obviously do not want and I cant remove it from my property without being the legal owner. The police even told me that I can claim ownership but could not tell me how to do it. I am desperate to get this taken care of. It has been 8 months of trying to give this thing back and I am really tired of it. If I cant claim the car then what are my options.

 

[txls]

Your son needs to take care of this with the car lot.

 

[Fourtoads]

Your son needs to take care of this with the car lot.

He has tried to no avail. You cannot discuss something with people that are never there and never answer the phone. We have even sent return receipt letter requesting them to get the vehicle. At this point, it is as if the car lot does not exist.

 

[txls]

Is the title in your son's name with the DMV? Is he making payments? Getting bills for payments?

 

[txls]

You can Google what to do with an abandoned vehicle.

 

[Fourtoads]

Is the title in your son's name with the DMV? Is he making payments? Getting bills for payments?

He was making payments. The title is in the car lots name. They never got around to putting it in my son's name with a lien. No bill, just a date that he was to make payments on.

 

[zddoodah]

My son put a down payment on a 1996 Toyota Rav 4 in March of 2017. In April he made his first payment. Then in April, the clutch went out. He tried to contact the car lot to no avail. I called and did not get an answer for over 3 months.

Is your son an adult or a minor? If a minor, did you or his other parent sign off on the purchase contract?

I explained the issues with the clutch and that my son no longer wanted the car. They said that they would fix the car and add it to his note. My son decided he did not want the vehicle due to their lack of communication.

Just because he decided he "no longer wanted the car" doesn't mean he had any right to rescind the sale. Twenty year old cars are particularly susceptible to mechanical problems. Did your son obtain a warranty as part of the sale?

They said they would come pick it up, Several months go by and they never came.

Probably because "they" figured out there was no reason to come pick it up (except, perhaps, for the purpose of repossessing it because your son apparently stopped making his loan payments).

Can I claim the car and get the title so I can do whatever I want with the vehicle?

You "can claim" anything you like. I suggest you google something like "[name of your state] title to abandoned vehicle" and/or contact the DMV.

I was told that since I have not given them permission to store the vehicle on my property that they have in essence abandoned it.

Maybe so, but you need to follow the applicable law to obtain title.

I was told that it is part of the law that city governments use when you leave a car on the side of the road and they tow it and then sell your car if you cant recover it.

Yeesh...I'm guessing you're not a city government, right?

I am desperate to get this taken care of. It has been 8 months of trying to give this thing back and I am really tired of it. If I cant claim the car then what are my options.

Tell your son to take care of it. How he does that is his responsibility to figure out.

 

[mightymoose]

I can't imagine how you think this is the car dealer's problem. A car that old surely was not sold with a warranty.
The dealer doesn't want the car, they want the money. Pay what is owed and you can do whatever you want with it.
This is not a problem with the dealer. This is a problem with the buyer.

 

[army judge]

I was told that since I have not given them permission to store the vehicle on my property that they have in essence abandoned it.
I was told that it is part of the law that city governments use when you leave a car on the side of the road and they tow it and then sell your car if you cant recover it.
I have contacted tow companies to try and have it towed but they will not touch it since the legal owner is the car lot. They told me the car lot has to tow it. I told the police that I would just push it out in the street and let them tow it and they told me that I couldn't. So I am stuck with a car on my property that they obviously do not want and I cant remove it from my property without being the legal owner. The police even told me that I can claim ownership but could not tell me how to do it. I am desperate to get this taken care of. It has been 8 months of trying to give this thing back and I am really tired of it. If I cant claim the car then what are my options.

The dealer did NOT park the car on your property.

I imagine you allowed your son to park the car on your property.

You might end up making big trouble for yourself.

At any rate, I'm not your owner, ruler, or king.

You are an adult and free to make whatever choices you wish.

 

[Fourtoads]

It seems that no one here can give a straight answer, I do not want or need finger-pointing about this or that. I simply was inquiring about my legal rights about property that has been left on my property after requesting it to be removed by the legal owner. They agreed to remove it and have done nothing about it. And as for all of you telling me to have my son take care of this.., I wish I could. My son died and cannot take care of anything. I wish you all better luck at getting assistance when you need it than I have received from you all.

 

[mightymoose]

You should have mentioned that your son had died. The matter with the vehicle should have been handled at that time.
It is still not the dealer's problem. Did your son have a will? Who was responsible for handling his affairs?

 

[txls]

I'm sorry for your lost. It makes it difficult to help someone when we don't have all of the facts.

 

[Fourtoads]

You should have mentioned that your son had died. The matter with the vehicle should have been handled at that time.
It is still not the dealer's problem. Did your son have a will? Who was responsible for handling his affairs?

No will, No wife. Only 18-month-old son. Don't see how it makes a difference since they are the owners and I have nothing to do with the car except that they continue to leave it on my property.

 

[Fourtoads]

I'm sorry for your lost. It makes it difficult to help someone when we don't have all of the facts.

The only fact that is relevant is that it is not my car. They have been requested to move it. They agreed to reclaim the car and they still have not.

 

[army judge]

No will, No wife. Only 18-month-old son. Don't see how it makes a difference since they are the owners and I have nothing to do with the car except that they continue to leave it on my property.

Your son's estate owns the car, subject to a lien held held by the lender or the car lot.

I said it before, I'll say it again, you're free to do whatever you wish.

If you feel froggy, jump.

Be careful where you jump, there could be a snake or egret waiting.

 

[mightymoose]

The car is not their problem until they repossess it. They want the money, not the car.
Is the dealer still the lienholder?
You might ask at the DMV for options regarding the vehicle.
If you want it removed to can likely hire any tow company to get it off the property... If you are willing to pay them.
You also might try going to the dealer (if they have the lien) and speaking with them directly instead of playing phone/email tag.
As old as the car is. and if it doesn't run, they likely don't want it back and it isn't a priority to them.

 

[zddoodah]

No will, No wife. Only 18-month-old son. Don't see how it makes a difference since they are the owners and I have nothing to do with the car except that they continue to leave it on my property.

Among other things, it makes a difference because, had we known your son had died, no one would have said, "tell him to take care of it."

Your son bought the car, so he was the owner, and his estate now owns the car. That the dealer neglected to transfer title into his name doesn't change that. Rather, it simply creates an inconvenient situation for you. I suspect -- given how little a vehicle of the type you described is worth to begin with -- that the dealer has no interest in spending time or $$ dealing with this. How you deal with it is up to you (and I suggested yesterday how you might deal with this), but you're not going to be able to compel the dealer to do anything.