can I legally repossess my vehicle after a private party sale?

[bittiebee87]

Sold my vehicle to a "friend's" family member over 2 months ago, have only been paid 70% of the cost agreed upon and have had more stories than I can count on why they haven't paid the remaining balance. The vehicle is still tagged, insured and registered under my name as well and the only thing on the bill of sale is our signatures and that's about it. I sold them the vehicle for only $1000 and screwed myself over when the value on KBB was over $13,500 but I was trying to be nice and am now screwed and can't even afford my own bills now because I'm stuck still paying on that vehicle both through my loan and the insurance and such. I need the vehicle back asap so that I can afford to survive again and live like a normal person instead of stressing about where my next car payment is going to come from as I am currently unemployed due to having cancer. Thank you for your help!

 

[bittiebee87]

Also, don't know if it matters or not but we live in Kansas.

 

[bittiebee87]

Said "friend" has also turned into a lunatic since this has happened. Sending over 300 messages via text, phone calls, snapchats, Facebook messages and posts and stalking, harassment charges and restraining order may be filed for this coming week.

 

[quincy]

Sold my vehicle to a "friend's" family member over 2 months ago, have only been paid 70% of the cost agreed upon and have had more stories than I can count on why they haven't paid the remaining balance. The vehicle is still tagged, insured and registered under my name as well and the only thing on the bill of sale is our signatures and that's about it. I sold them the vehicle for only $1000 and screwed myself over when the value on KBB was over $13,500 but I was trying to be nice and am now screwed and can't even afford my own bills now because I'm stuck still paying on that vehicle both through my loan and the insurance and such. I need the vehicle back asap so that I can afford to survive again and live like a normal person instead of stressing about where my next car payment is going to come from as I am currently unemployed due to having cancer. Thank you for your help!

How is the $300 that is owed you from your sale of the vehicle going to help you pay off the loan you still have on the car and pay the insurance and help you survive like a normal person? Or did you mean you sold it to the friend for $10,000?

 

[bittiebee87]

The last payment is due the 18th of this month for $216, the insurance is $138. The $300 will help to cover part of the expenses as I cannot afford it. I do not feel I need to be explaining myself to you?

 

[quincy]

... I do not feel I need to be explaining myself to you?

Fair enough. If you do not feel the need to explain yourself to me, I guess I do not feel the need to explain the law to you. You might want to see if you can find legal assistance in your area of Kansas.

 

[bittiebee87]

We have found 4 different attorneys and gotten different stories from all of them and the complete run-around.. pretty typical around here, sadly.

 

[bittiebee87]

I was offered $5000 cash the same day I sold it to them, should've taken the cash and paid it all off and still had some left in savings. So stupid!

 

[latigo]

I was offered $5000 cash the same day I sold it to them, should've taken the cash and paid it all off and still had some left in savings. So stupid!

(Well if that were true, it would be about the sickest case of hindsight I've come across in some time.)

BUT what is definitely believable is that you have bigger fish to fry than fretting over the $300. Why?

Because you seem totally oblivious to your potential tort liability for the use of the vehicle by the purported, non-titled, permissive driver buyer!

Meaning that as long as it stands in in your name with DMV you also stand to be held financially responsible for injury to property or person resulting from its negligent operation. (In legalese it is known as imputed or vicarious liability. The same principle "respondeat superior" that holds an employer responsible for certain conduct of its employees.)

SO to avoid even more financial headaches you have one of two options: Either get the title out of your name or retrieve the vehicle. And since you cannot effect a transfer of the title due to the fact that is being held by whomever financed your loan to purchase it, the other is all that is left. In your shoes I would try to take it back, peacefully, that is.

Obviously there is a risk in doing that as well. It might trigger a lawsuit for replevin of the vehicle and/or a criminal complaint of theft from the buyer. Your choice is to weigh the risks. Unfortunately common sense might not be a factor. Then you may have some of it in reserve since you haven't used any.

 

[single317dad]

I was offered $5000 cash the same day I sold it to them, should've taken the cash and paid it all off and still had some left in savings. So stupid!

Yep, that was pretty stupid.

 

[bittiebee87]

They literally begged me due to their mother having cancer as well and needing a dependable ride to her therapy appointments, a soft spot for me as I too have the same type of appointments and know the struggles she is also facing. They have been very close friends of our family for longer than I have been alive. If I didn't have common sense I'm pretty sure I would not hold four degrees in various fields nor would I be successful. I am currently on medical disability due to having cancer immediately after having my child. They have been threatening not only me but family regarding this matter as well and stole the tags from my home off of the vehicle. I tried to end the insurance but due to it still being a line holding vehicle that was not possible either. The money owed to us is to pay it off to give them the title as I have no income right now due to being a teacher on a medical leave so I do not receive any type of compensation.

 

[bittiebee87]

I was offered that by the people whom I financed my new vehicle through as I needed something bigger to be able to transport medical supplies and such for myself as well.