Death contract question, sold a car and purchaser died

[mauler01]

What is the name of your state (only U.S. law)? Ohio

I sold a car to a man. He paid about 90% down so I let him take the car home and said once the remainder was paid I'd send him the title.

I was not able then to get ahold of the individual for months . Now I have found that he died. From what it obituary states he only has a brother and nieces and nephews.

My question is , what do I do? The car is still titled to me. Do I have legal right to reposses it? If I do do I have to pay his estate back the original funds?

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio

I sold a car to a man. He paid about 90% down so I let him take the car home and said once the remainder was paid I'd send him the title.

I was not able then to get ahold of the individual for months . Now I have found that he died. From what it obituary states he only has a brother and nieces and nephews.

My question is , what do I do? The car is still titled to me. Do I have legal right to reposses it? If I do do I have to pay his estate back the original funds?

Do you even know where the car is or if its been towed away somewhere? You made a mistake allowing someone to take a car that was still titled in your name. You don't know what liability might have arisen as a result.

I think that you need to find out who is responsible for the man's estate and simply turn over the title to them, and consider your 10% as gone.

 

[mauler01]

That doesn't answer my question and what is legal.
I have an idea where the car is and I'm sure I could find it. So why is that a loss when I still own the car?

 

[mauler01]

There is no lean on the car either btw

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? Ohio

I sold a car to a man. He paid about 90% down so I let him take the car home and said once the remainder was paid I'd send him the title.

I was not able then to get ahold of the individual for months . Now I have found that he died. From what it obituary states he only has a brother and nieces and nephews.

My question is , what do I do? The car is still titled to me. Do I have legal right to reposses it? If I do do I have to pay his estate back the original funds?

What you have here is a breach of contract due to death. The most common remedies are damages and rescission.

If you want damages, you sue the estate for the balance due.

If you want rescission, you sue the estate for the return of the item, and you return the payment to the estate.

In either case, you can negotiate a settlement with the estate rather than suing.

Since you don't have a lien on the car, you can't repossess it.

 

[curb1]

I think the OP wants the car and the money.

 

[mauler01]

What you have here is a breach of contract due to death. The most common remedies are damages and rescission.

If you want damages, you sue the estate for the balance due.

If you want rescission, you sue the estate for the return of the item, and you return the payment to the estate.

In either case, you can negotiate a settlement with the estate rather than suing.

Since you don't have a lien on the car, you can't repossess it.

Ok so I have a breech of contract . So I'm not sure why I have to do the legal work? As stated I legally still own the car and it's in my name. The car can not be transferred, titled , or insured by anyone else.

Will I get in trouble for telling the family i well take the car back if payment is not made? Obviously thts what a bank would do.

Plus I should probably put insurance back on the car if something were to happen to it. At that point I want to know where it is and have control of the situation.

 

[curb1]

Simple solution. Go to family and give them back the 90 percent down payment and reclaim the car. You are hanging out there in liability. Whatever happens with that car while not in your possession could come back to economically haunt you. Any legal costs here will dwarf the value of your car, most likely.

Or, go to the family and ask for the remaining 10 percent in exchange for the car title. The problem is that there is a good chance that no one in the family has the authority to do anything at this time. You will be dealing with the influence of the probate court.

 

[mauler01]

So you don't think it's a good idea to reclaim the car until they figure out his legal estate?

 

[Zigner]

So you don't think it's a good idea to reclaim the car until they figure out his legal estate?

No, I think it's a terrible idea. Legally and morally.

ETA: It's NOT your car any more. You have a finance agreement that the estate is on the hook for. That's all.

 

[mauler01]

I don't see a bank not doing the same thing. If they pay it is fine, and I have no problem giving the car back .

I've already hashed out what is morally right and wrong. The man has no immediate family that I feel that would be morally wronged. Also it comes down to owing and unpaid debt which morally they do not have a problem not paying at this time .
This transaction occurred in janruary and I am just now finding out he is dead

 

[justalayman]

mauler01;2826361]Ok so I have a breech of contract . So I'm not sure why I have to do the legal work? As stated I legally still own the car and it's in my name. The car can not be transferred, titled , or insured by anyone else

. you may hold legal title but the estate owns a 90% interest in the equitable title. "The" title is only presumptive evidence of ownership. That means, on its face, it shows you own the vehicle. Presumptive evidence is rebuttable. That means, the facts of the matter may prove something other than the presumptive evidence shows. In this case, the estate owns 90% of this vehicle. You own only 10%.

Will I get in trouble for telling the family i well take the car back if payment is not made? Obviously thts what a bank would do.

a bank would also have a right of repossession in the contract and a lien on the title. Do you have those? If not, you have no right to repossess the car.

Plus I should probably put insurance back on the car if something were to happen to it.

that's up to you. Since you have already been paid 90%, I wouldn't think you would need anything to cover the vehicle itself but liability would be a good idea. A huge problem you will have though is an insurance company is not going to want to sell you coverage without knowing who is driving the car and where it is.

At that point I want to know where it is and have control of the situation.]

You really don't have a right to have control of the situation.


You need to refer back to stevef's post and follow his directions.

 

[mauler01]

He died 1 month ago

 

[justalayman]

and?

you still need to contact the administrator of the estate.

 

[curb1]

mauler01,

You asked, "So you don't think it's a good idea to reclaim the car until they figure out his legal estate"?

It would be very difficult without incurring some legal costs on your part. You need to be civil about this and contact the personal representative for the estate. At this time there might not be a personal representative, so you might have to do some homework.

How much is this "10 percent"?