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LegalKnowledge, Attorney
Category: Business Law
Satisfied Customers: 23464
Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I took possession of my vehicle paid in full keys and all

Customer Question

I took possession of my vehicle paid in full keys and all paperwork transferred to me. Later on The car was unsafe and unable to be driven. Call the mechanic with my displeasure and he was unwilling to fix the discrepancy. I stopped payment on his check and he came and took my car.
JA: The Corporate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No I have not. However it appears to me that this is auto theft and not a legal repossession
JA: Please tell me everything you can about this issue so the Corporate Lawyer can help you best. Is there anything else the Corporate Lawyer should be aware of?
Customer: It's pretty cut and dried the repairs were made I handed him a check he handed me the keys and receipt and I was on my way. Then down the road trouble happened with the car. Then he came without my permission and took my car and has it in his shop.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Corporate Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Business Law
Expert:  LegalKnowledge replied 4 months ago.

Good morning. Do you know how he got the vehicle?

Customer: replied 4 months ago.
He towed to his shop from public parking.
Expert:  LegalKnowledge replied 4 months ago.

Thank you. Both acts were not legally. I say this because even though the vehicle was unsafe and unable to be driven, there was no right to simply cancel payment on the check. I say this because prior to buying the car, due diligence needed to be performed and you should have determined if the car was safe for the roadways. In a situation like this, if he was liable, you would have needed to sue him for the damages/costs to repair, if he had an obligation to do so. You are the owner of the car since it is in your name and if you cancel the check and he did not get paid, there are serious issues. You can not keep the car and get your money back. At the same time, he can not take a car that does not legally belong to him. At this point, if he has the car and he never got paid since you cancelled the check, you may want to both come to a mutual agreement to walk away and transfer title back to him. Yes, his methods may be illegal but you could not just keep the car and not pay him. This can be problematic for both parties, so it may be in the best interest of all to settle this.

Expert:  LegalKnowledge replied 4 months ago.

I just wanted to follow up and see if there is anything else I can answer or clarify. I am here to help so please just let me know.

Expert:  LegalKnowledge replied 4 months ago.

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