Contract for sale of car
The contract states I agree to buy my sisters car ($23,000) for $1200 down and $400/mo X 36mo and she agrees to buy my car($7500) (to be subtracted from the price of her car) leaving her with no payment. The contract includes agreement to each drive our original cars until delivery of her title. We thought her estranged husband needed to sign off . Unfortunately, only 1 signature was needed, so he sold her car. The new owner titled and took possession of the car. My contract is notarized and precedes his sale by several weeks. I have already paid her a total of $1600. Does my contract/bill of sale entitle me to the car? If so, can I ”repossess” and then file suit, or do I file first and risk them hiding the car?
Re: Contract for sale of car
You have no right to the car unless you had a lien on it (which you did not). If it was titled so that the husband could sell the car and your contract was only with your sister, then you can sue her, but you cannot get the car and cannot sue the husband. For a lot of reasosn, the way you set the deal up was a bad arrangement.
Alan Wagner
Wagner, Vaughan & McLaughlin, P.A.
601 Bayshore Boulevard; Suite 910
Tampa, FL 33606
Re: Contract for sale of car
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Probably not. The buyer is probably a bonafide purchase for value who will probably not be held responsible for your agreement. Without knowing more, it is truly hard to respond, but I would venture to guess that whomever filed the title first with the Department of Motor Vehicles would be the one who owns the vehicle.
Scott R. Jay, Esq.
Scott R. Jay
Law Offices of Scott R. Jay
1575 Northeast 205th Street
Miami, FL 33179-2133