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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 12825
Experience:  B.A.; M.B.A.; J.D.
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My son bought a car from a housemate and has paid $1400 with

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My son bought a car from a housemate and has paid $1400 with a balance due of $1300. The party several times blocked the car and took keys to auto and removed it from the property. Seller is very controlling and a little whacked. Payments have been made as
requested and I have seen receipts and sales agreement. It seems however that the seller has been to a title company and owes more to the title company than my son owes her. I am willing to pay off this car and receive the title but I would not believe the title company cares who pays off the loan. She has not taken the keys, car and personal belongings in the car to her relatives property and now says that she is keeping the car. I want to know what action may be taken. My son is currently out of the state and is unable to do anything but continue to make the payments as agreed. Please advise.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 1 year ago.
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Customer: replied 1 year ago.

What recourse will my son have if payment is made in full on the auto and he never receives a bill of sale or title of the vehicle. Will or does he have the ability to take action in the form of notifying the authorities by the fact that she has removed the car from his residence, admits all payments were up to date as of 7/15/13. I believe that she is fraudulently selling this car to obtain cash and has no intention of allowing the car to be rightfully turned over to buyer based on her current actions.

Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information:



What recourse will my son have if payment is made in full on the auto and he never receives a bill of sale or title of the vehicle.


Response 1: He can file Small Claim in the Magistrate Court to recover the total amount paid. He may also file theft/fraud charges against her with the Police/District Attorney's Office.


Will or does he have the ability to take action in the form of notifying the authorities by the fact that she has removed the car from his residence, admits all payments were up to date as of 7/15/13. I believe that she is fraudulently selling this car to obtain cash and has no intention of allowing the car to be rightfully turned over to buyer based on her current actions.


Response 3: Yes, he does. The Seller can be prosecuted for fraud or theft for selling a car, receiving total payment for it, and refusing to deliver the car to the Buyer.



Georgia Magistrate Court Forms:




http://www.georgiacourts.org/councils/magistrate/forms.html

Phillips Esq., Attorney-at-Law
Satisfied Customers: 12825
Experience: B.A.; M.B.A.; J.D.
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