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Can I, or can't I?

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TRob

New member
What is the name of your state? Ohio

I'm not sure if this is the correct area for me to ask this question, but I didn't see another option that really fit my situation.

I had a project truck that I never had time to work on, so I decided to sell it. This guy I used to work with really wanted the truck and I wanted it out of my yard, so I told him he could tow the truck to his house to work on it, and I would sign the title over when he paid me for it. He said he would make payments. He hasn't. I tried to contact him multiple times, but he stopped responding to messages and texts, then I noticed about a month ago that the truck was no longer in his yard. Continued attempts to contact him have been unsuccessful.

A few days ago, this woman messaged me and said she wants the title to the truck because she bought it from the guy I was selling it to. I told her I would be happy to meet her at the BMV and sign the title over to her, just as soon as I get payment for the truck. She let loose with a string of nasty messages, so I decided to call the local police department to see what my options are now that I know where the truck is located. Here's where my confusion comes from. I called X county because that's where I live. I was told that since the truck is still titled to me I can call a tow company and an officer to meet me at this woman's house and I can take truck. Then I realized that the truck is actually right across the county line in Y county. So I called Y county PD and they told me I have to take her to court because she says I can't be on her property, so I can't get the truck. Both PD's said that if this woman were to wreck the truck, that I would be liable for any damages because the truck is in my name.


Can someone shed some light on this for me, please? Why would one PD tell me I do have the right to go get the truck, and the other PD tell me I don't have the right to go get the truck?
 


adjusterjack

Senior Member
he could tow the truck to his house to work on it, and I would sign the title over when he paid me for it.
I don't have to read the rest of this post to know that you now understand what a dumb idea that was. But I'll continue.

He said he would make payments. He hasn't.
What a surprise.

he stopped responding to messages and texts
Could have predicted that.

I called X county because that's where I live. I was told that since the truck is still titled to me I can call a tow company and an officer to meet me at this woman's house and I can take truck.
Wrong. You would need a contract with the truck as collateral for the payments and the contract would have to specify that you had repo rights. Police and sheriffs are not lawyers.

I called Y county PD and they told me I have to take her to court because she says I can't be on her property,
That's partially the correct answer.. Except for the "her" part. You have no case against her. Your case is against the person you gave your truck to.

Both PD's said that if this woman were to wreck the truck, that I would be liable for any damages because the truck is in my name.
Part right, part wrong. There is a legal doctrine called Negligent Entrustment. The following case decision of the Ohio Court of Appeals explains how that works.

M.M. v. M.F. (ohio.gov)

A person alleging that you negligently entrusted a vehicle to another would have the burden of proving all of the elements described in the decision.

If it comes to that I hope you kept liability insurance on the truck while it is still in your name, or is that another mistake to add to your story. Even if you were absolved of liability, defending a lawsuit without insurance could cost you tens of thousands of dollars.

Why would one PD tell me I do have the right to go get the truck, and the other PD tell me I don't have the right to go get the truck?
Because they are not lawyers, are clueless, and have no business giving such opinions, though there really isn't anything you can do about it.

My suggestion for the two cents that it's worth is go sign the title over to her and sue your friend in small claims court for the money he was supposed to pay you.

And accept the life lesson from the school of hard knocks.
 

quincy

Senior Member
Your original buyer defaulted on the contract to purchase the car. You retain title to the vehicle and can repossess the vehicle without a court order, if you can do so without breaching the peace. Or you can file a lawsuit to recover your vehicle, armed with a court order.

The person currently in possession of the vehicle has an issue with the original buyer, not you.

From the Ohio Bar:
https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/consumer-protection/know-your-repossession-rights/

I don’t suppose you have anything in writing that details the terms of the sale, do you?
 

quincy

Senior Member
I saved all of our messages in Messenger.
Good.

Do the messages give the terms of the sale (e.g., vehicle cost, payment amounts, and when payments needed to be made)?

Is there a written acceptance of the terms of the sale? Although the fact that the fellow took the vehicle implies agreement, it can help to have the actual agreement in writing.

Was the vehicle to be paid off in full within a year’s time?
 

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