Im an idiot, do I have any options?

[mbills2223]

If you have the agreement and the VIN number you can still put a Mechanics lien on it. For future reference you do not have to have the title in the buyers name to plate it. Remember when you buy a car on time from any type of finance company they hold the title. Also never give out your VIN when selling a car if someone wants it over the phone to run a "Check" or "carfax" they can use the VIN to put mechanics lien on the car you are selling, and make life difficult for you...

Shouldn't you be writing SHTF stories?!?!?!

 

[mrjarrell]

OP, do remember to add in court costs if you're going to take him to small claims. No reason for you to bear the costs for this when he's the one trying to steal from you.

 

[Harleyrider_50]

Makes you sound like a dumbass, to be quite honest.


OP, I sold a car to my foster brother (he was in our care when he was a teen, we have stayed close ever since).. Thought I could trust him to pay me regularly since he's family and all, yeah I was wrong. He had it, broke it, and then quit paying and left it abandoned in another town. SO I was stuck with a tow bill and a car with a blown engine. The nice part was it was still in my name, I still had a key, and he left a lot of valuable stuff in it, which got secured in my garage until payment was made in full.

Sorry you got shafted, but chalk it up as a lesson learned.

.......'Least I don' look like 1,dude (avatar)...... .......and just like they say......opinions is like azzholes,and they all perty much stink...

 

[fordmanchris]

I will do this then rather than court. Im learning a lot from this thread! I did try one more time to get ahold of him and sent a text asking him if we can settle this and save us both the hassle. Of course no answer
Thanks for the info

If you have the agreement and the VIN number you can still put a Mechanics lien on it. For future reference you do not have to have the title in the buyers name to plate it. Remember when you buy a car on time from any type of finance company they hold the title. Also never give out your VIN when selling a car if someone wants it over the phone to run a "Check" or "carfax" they can use the VIN to put mechanics lien on the car you are selling, and make life difficult for you...

 

[GCA321321]

You fill out the LIENHOLDER section of the Title before you give it to them so that they can title it in their name but you can still repossess it if they fail to meet their end of the deal.

Generally it's good to have an agreement to go along with it that states they will have it titled in their name within X days and that they are fully responsible for X, Y, and Z should they not title it in their name etc...

That said - I'm not a lawyer and every time I've sold a car it's been full value up-front or you get no car.

Even with a lien on the title, you cannot just repossess the vehicle if he fails to keep up his end of the deal. You must go through the court system to repossess the vehicle (even with a lien), which is a hassle + costs $...All this "you should have had a lien so you can go repossess" stuff is a product of watching too much reality tv (what was that show? Lizard towing or something?!). As for small claims court, the filing fee is usually only around $80...look up service requirements on your county's website..usually just have to send certified mail to address he listed on the contract or his last known address. If it costs you around $100 and a some time to file, might still be worth it because it is likely the only chance you'll ever see some $.

Insert the usual this is not intended to be legal advice, etc etc. here.

 

[Waveraider]

Be cool and tell him he's an honest man and under the circumstances, should really do the right thing. Tell him you will give his 300 bucks back if he signs the title back over to you. He had free use of the car for that and you will let it slide. No harm, and you're still friends.

If he bite's, get your truck and never talk to him again. There's no way you will win in small claims court. Sorry, but good money after bad....

 

[GCA321321]

Be cool and tell him he's an honest man and under the circumstances, should really do the right thing. Tell him you will give his 300 bucks back if he signs the title back over to you. He had free use of the car for that and you will let it slide. No harm, and you're still friends.

If he bite's, get your truck and never talk to him again. There's no way you will win in small claims court. Sorry, but good money after bad....

Party1 holds a piece of paper signed by party2 stating that party1 is owed x amount of money from party2 (a contract and contractual obligation is formed). Party1 performed under the contract by giving party2 title. Party2, however, has not paid the amount listed under the contract (contract is breached). Please explain how there is NO WAY he will win in small claims court (receive damages for said breach)...