Car situation: Is this even legal?

[upset_momma]

NYC: I bought a car from a family member. I have the insurance card and registration papers, however its not in my name. I gave more than half of the money and was going to pay the rest when they received the new title they applied for, so I can put it in my name. Ive had the car for over 3 months and they still havent gave me the title. Now, they had my vechile towed and said if i want the car back i need to pay the rest of the money, im willing to pay but they giving me the round about the title. What can I possibly do in this situation?? is this even legal?

 

[Proserpina]

Yeap.

Until payment is received in full, they have the right to keep the car and the title.

Pay 'em - and then you'll get what you want.

 

[upset_momma]

Thats the whole problem. Im 100% willing to give them the money. Its not even that much money left. The problem is that they won't give me the title. 1st excuse was they had to order it, that was over 2 months ago. They want the money now, and want to leave me in lala land with no title. Im beginning to think they are trying to scam me. Make me pay the whole thing, and never give me the title. I even asked for the money back and they can keep the car, but they dont even want to do that. Im stuck, I dont even know what to do from here.

 

[Proserpina]

Give them the money.

I'm sure they'll produce the title.

They do not have to hand you the title before you pay in full. If you pay and they don't hand over the title, there IS legal recourse available.

Or, if you really don't want the car, demand your money back and sue them if need be.

 

[upset_momma]

They wont give the title, even with me telling them ill pay you right now. All i want is the title. The thing im having trouble with is, if I want to take them to court, what proof do I have that I even had the car. Ive had it for the past 3 months but I have nothing in writing saying what I paid. When you do things like that, you dont expect your family to screw you over. I do care about having the vechile because i use it for my kids, but im tired of dealing with this craziness. I dont understand whats so hard about handing over the title, its not like I dont have the money.

 

[Proserpina]

...are you saying that there's no proof that you paid anything?

No check stubs?

No actual agreement to pay?

 

[mightymoose]

Usually money is paid BEFORE the title is exchanged. You need to pay up.

 

[mightymoose]

You don't necessarily need documents showing you paid anything and that you had possession of the car. If you end up in court and sue they will most likely make statements that acknowledge this.
You should, however, obtain a hand written receipt for whatever amount you still owe when/if you pay it. You can write the receipt and simply ask that they sign it to acknowledge receipt of the money. Have a third party witness this in case they refuse to sign.