• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Made deal to sell car to family and they might back out

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

srhadden

Junior Member
What is the name of your state (only U.S. law)? California

My wife past away and I sold her car to my in-laws for 10K. They gave me 5K and wrote 1 of 2 on the check.

They can't come up with the other 5K now because they are trying to get th emoney from their lawyer, something going on with their toyota lawsuit. I personally don't care how they came up with the money. I was given 5K and told I would get the rest.

So, what can I do? I've been nice and letting them drive the car for the past 3 months. I don't think it is legal for them to just give me back the car.

I can't speak with them because my wife past away last year and I started seeing a woman sooner than they liked so they disowned me. They have also stolen from my house and I didn't do anything, so I don't trust them returning the car undamaged.

Do I have a case or what can I do so I win in this situation?
 


Zigner

Senior Member, Non-Attorney
How is the vehicle presently titled?

You can sue in small claims court for the balance owed.
 

liquidcool24

Junior Member
I'm not sure "1 of 2" will cut it. Is there anything in writing where they agreed to pay $10k for example the bill of sale? And if they registered it, what did they give the BMV for a sale price when applying for the title change?
 

Zigner

Senior Member, Non-Attorney
I'm not sure "1 of 2" will cut it. Is there anything in writing where they agreed to pay $10k for example the bill of sale? And if they registered it, what did they give the BMV for a sale price when applying for the title change?
In California, it's the Department of Motor Vehicles ;)
 

srhadden

Junior Member
The title is in MY name still because they did not give me the rest of the money. Blue Book on the car is around 13K, I sold it to them for 10K because they "were" family.
 

Zigner

Senior Member, Non-Attorney
Then either go get your car, or sue them for the balance (in small claims court).
 

srhadden

Junior Member
Oh, and I have an email today from them where they're asking their lawyer for the remaining 5K because I am waiting for the money.

They told me they were going to buy the car. They were getting the money through some legal action, I didn't care, and there is nothing in writing or even verbal that says I would take the car back if they didn't get the money through this method. I assumed they would pay me out of their own pocket. WHy else would I let them drive a car they may or may not buy.
 

srhadden

Junior Member
My beef here is, if I ask for the car back, they've been driving it for the past 3 months.

So I thikn I am entitled, if I agreed to have them return it, some compensation for wear and tear and usage, or is that my own stupid fault?
 

Antigone*

Senior Member
My beef here is, if I ask for the car back, they've been driving it for the past 3 months.

So I thikn I am entitled, if I agreed to have them return it, some compensation for wear and tear and usage, or is that my own stupid fault?
You don't ask for the car. You repossess the car.
 

dmcc10880

Member
AoG and Zigner said it all. If you kept a set of keys, use them. If you don't have the keys, call a repo man and make sure you have a copy of the registration to prove the car is yours.
 

Hot Topic

Senior Member
You have the right to ask for wear and tear on the car if you have something in writing and agreed to in writing by both sides.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top