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sold car without title

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wyndrider

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

My sister recently sold our moms car, she passed away in march, to a friend of the family. She couldnt find the title and only has a duplicate copy of the title which is still in our mom's name. She told her friend that she would have to wait until my sister got the paperwork back from the state so that she could transfer the title to her friend. Her friend said that she wanted the car as soon as possible and was willing to start making payments on the car, take it home to use and wait until the paperwork came in. My sister made a sales agreement that stated that her friend would put a down payment on the car and make weekly payments until it was paid off and that she was willing to wait until the paperwork came in from the state to transfer the title to her. She just made the final payment on June 4th and suddenly something is wrong with the car and she wants her money back and is stating that she is gonig to sue my sister for her money back. My sister is worried because she still has not gotten the paperwork for the new title but her friend has been driving the car this entire time and now wants nothing to do with the car and is demanding all her money back.
 


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Antigone*

Senior Member
wyndrider said:
What is the name of your state (only U.S. law)? New Hampshire

My sister recently sold our moms car, she passed away in march, to a friend of the family. She couldnt find the title and only has a duplicate copy of the title which is still in our mom's name. She told her friend that she would have to wait until my sister got the paperwork back from the state so that she could transfer the title to her friend. Her friend said that she wanted the car as soon as possible and was willing to start making payments on the car, take it home to use and wait until the paperwork came in. My sister made a sales agreement that stated that her friend would put a down payment on the car and make weekly payments until it was paid off and that she was willing to wait until the paperwork came in from the state to transfer the title to her. She just made the final payment on June 4th and suddenly something is wrong with the car and she wants her money back and is stating that she is gonig to sue my sister for her money back. My sister is worried because she still has not gotten the paperwork for the new title but her friend has been driving the car this entire time and now wants nothing to do with the car and is demanding all her money back.
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Tell her to enjoy her new car (the friend, that is).
 
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justalayman

justalayman

Senior Member
Antigone*of*Greece said:
Tell her to enjoy her new car (the friend, that is).
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I disagree.

First, we don't know if sister even had the legal capacity to sell MOM's car. After all, it is a matter for the admin of the estate to deal with.

but beyond that, buyer has performed as required. Sis has not and is apparently not able to. Sounds like the contract is likely voidable at the buyers discretion.
 
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Antigone*

Senior Member
justalayman said:
I disagree.

First, we don't know if sister even had the legal capacity to sell MOM's car. After all, it is a matter for the admin of the estate to deal with.

but beyond that, buyer has performed as required. Sis has not and is apparently not able to. Sounds like the contract is likely voidable at the buyers discretion.
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I see your point, but if sis is handling the estate (which wasn't clear) and the contract between them stated that buyer was aware that they were waiting for the titile it may be enough to hold up in court.
 
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divona2000

Senior Member
wyndrider said:
...My sister recently sold our moms car, she passed away in march, to a friend of the family...title which is still in our mom's name...friend has been driving the car this entire time and now wants nothing to do with the car and is demanding all her money back.
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Did sister have the right to sell the car?
Who is keeping insurance on it?
 
justalayman

justalayman

Senior Member
Antigone*of*Greece said:
I see your point, but if sis is handling the estate (which wasn't clear) and the contract between them stated that buyer was aware that they were waiting for the titile it may be enough to hold up in court.
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yes but...


how long has it been?

Such a contract can be enforceable but only within a reasonable time frame. A court is not going to require a buyer wait forever for a title.

So wyndrider, when was the contract signed? Is there anything concerning time in the contract? I would suggest that it may not have been an excessive time if it's only been a month or two. Once you get beyond that, to me, I think you are starting to reach the unreasonable time frame. Of course, a court could, and will, insert whatever amount of time they believe is reasonable. Could be more, could be less.
 
justalayman

justalayman

Senior Member
executor, not executive.


with just a month, it is unlikely a court would rescind the contract. The way states are now a days with staffing, who knows how long it will take.

Your sister might try contacting your states DMV to ascertain some sort of time frame it is currently taking to process a title request.

So, for now, I would tell the friend to enjoy the vehicle. You might also tell her that if the title does not show up and the deal is rescinded, the car must be returned in the same condition it was taken and she is liable for any damage or malfunction equipment that was working when she took it.

She doesn't get to damage the vehicle and not owe for what she damaged.
 
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