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Private party auto sale info

Discussion in 'Car Sales, Dealers, Repairs, Lemon Law' started by Justtryingtohelpafriend, Sep 13, 2020.

  1. Justtryingtohelpafriend

    Justtryingtohelpafriend Law Topic Starter New Member

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    Jurisdiction:
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    Hi, I’m trying to figure out what I can do legally in this situation I’m in. About a year ago I started the process of selling my truck to someone I know, that was having a hard time and they were going to make payments. Well, they started making the payments and then stopped, they have spent money on the vehicle to repair certain things. The vehicle in question is still tagged and registered to myself, my question is am I legally able to retrieve my vehicle? Do I have to send them a letter saying they have x amount of time to finish paying it off?

    Thanks for any advice in advance.
     
  2. adjusterjack

    adjusterjack Super Moderator

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  3. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Sounds like he is renting the truck to me. It is still in his name, not the buyer's.
     
  4. Zigner

    Zigner Well-Known Member

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    I disagree. This is clearly a "sale", but one in which the seller has not transferred the title yet.

    Of course, the OP is an idiot for structuring the "sale" in this way. Why would anyone want to keep a vehicle in their own name while another person owns it?
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Exactly. Similar to a contract for sale of real estate where the deed doesn't get executed until the conditions of the contract are met.

    Amen to that.
     
  6. Justtryingtohelpafriend

    Justtryingtohelpafriend Law Topic Starter New Member

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    You can call me an idiot if you must, but I’m just a guy trying to help someone in need, but it’s been almost a year and I haven’t gotten the money owed, it was setup in the fashion because once the car is in their name then how do I get what I’m owed?
     
  7. Zigner

    Zigner Well-Known Member

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    By being the lienholder on the title as well as by writing a proper contract that allows for legal repossession of the vehicle, if needed.
     
  8. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Exactly the way banks and finance companies do it.
     
    Zigner likes this.
  9. Zigner

    Zigner Well-Known Member

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    The BEST way to handle this is to not carry the financing for another person. If the person can't pay you in full, then you don't sell them the vehicle. Let THEM go to the bank for financing.
     
    army judge likes this.
  10. Justtryingtohelpafriend

    Justtryingtohelpafriend Law Topic Starter New Member

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    Thank you.
     
  11. Justtryingtohelpafriend

    Justtryingtohelpafriend Law Topic Starter New Member

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    Ok, because I clearly have no clue what I’m doing. Can you guide me as to what I should do now?
     
  12. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    It's a little late now. The deal is done (improperly) and there is no way you are going to get someone who isn't paying to sign a new agreement that makes it easier to repossess the car.
     
    Zigner likes this.
  13. Justtryingtohelpafriend

    Justtryingtohelpafriend Law Topic Starter New Member

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    Basically it’s my vehicle, tagged to me, registered to me, with no written contract, and I’m pretty much screwed unless they feel the need to finish paying me?
     
  14. Zigner

    Zigner Well-Known Member

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    You SOLD him the vehicle. If you take it back, that is theft. You could have protected yourself against such an eventuality, but you chose not to.
     
  15. justblue

    justblue Well-Known Member

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    Sue him.
     
  16. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    You might want to read this.
    Selling a Vehicle - Florida Department of Highway Safety and Motor Vehicles
    To see all the things you have done wrong and are continuing to do wrong.
     
  17. Justtryingtohelpafriend

    Justtryingtohelpafriend Law Topic Starter New Member

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    I’m not here trying to do anybody wrong I’m just asking for a expert opinion, not everyone knows the smartest, or correct ways of going about everything.

    So at this point if I have a written contract for the amount they still owe and had them sign it and transferred everything into their name that would be the correct step forward?
     
  18. adjusterjack

    adjusterjack Super Moderator

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    We've given you all the "legal" options. You are free to ignore them, go get the vehicle, lock it up someplace and hold it hostage until he pays you and hope the s--t doesn't hit the fan. I'm not saying do that, it's entirely up to you.
     
  19. Justtryingtohelpafriend

    Justtryingtohelpafriend Law Topic Starter New Member

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    I honestly don’t know why people come here for advice if this is how you treat them. I’m not trying to do anything illegal, I’m not trying to harm them by locking the vehicle away, I’m just trying to be finished with this whole mess and get the money I’m owed and that’s it.

    It is true the last guy finishes last.
     
  20. Zigner

    Zigner Well-Known Member

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    You really needn't take such a tone with the volunteers here. We didn't make this deal, you did. We have given you some of your option(s) as we see them, now it is up to you to decide how you want to proceed.

    Keep in mind that you may have some liability if the guy driving the car runs over a couple of kids playing in the street.
     
    Last edited: Sep 30, 2020
    Disabled Vet, army judge and justblue like this.

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