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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney representing individuals and businesses.
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My son sold s jeep to another guy even trade side by side,

Customer Question

My son sold his jeep to another guy even trade for a side by side, he did not have the title for the side by side so my son said he would keep his title unitl teh side by sode title came in. When he told me and his father which are names are ***** ***** title as or not and listed.
We told him he need to get the jeep back unitl the could produce the title. we wnet to the house to get the jeep they called the police said the little pice of paper he signed was a good as a contract even though we stil lhave the title and the registration to the jeep. It has been 10 days they still have not received the title for the side by side and so we still have the title to the jeep, just want to make sure they cannot go behind our back and register the jeep and if there is anything we can do to stop them or can we get the jepp back if they do not produce the title.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

You do have a valid contract for sale. They cannot register the vehicle until your son transfers the title to them.

If you cannot reach a resolution with the other party directly, you may want to try using a mediator (a third party neutral) to help resolve the issue - getting the titles swapped and ensuring they are signed correctly, etc.) Contact your local bar association for referrals.

If that does not work, your son can file a small claims case against the other party for breach of contract.

Customer: replied 1 year ago.
they cannot go behind our back and say they lost the title and with the pice of paper hand wrote my son signed get a new title?
Customer: replied 1 year ago.
they are shady and we think they will not produce a title for the side by side
Expert:  CalAttorney2 replied 1 year ago.

No, he would have to sue your son for breach of contract and declaratory relief, and get a court order.

But really, holding onto the title isn't doing your son a lot of good right now - he currently is liable for any traffic citations (parking fines, etc.) that accrue while this other guy has the jeep. It is in your best interest to resolve the title issue for both vehicles promptly, either through mediation or with a small claims action.

Customer: replied 1 year ago.
We have title for the jeep, no problem giving them the title they are the ones not producing the title for the side by side we took the police over there they said as long as the tag is off and we have the piece of paper signed by them we are not responsible and my son cannot get his jeep back because they own it now not us even though we have the title. and it is still registered in my sons name.
Expert:  CalAttorney2 replied 1 year ago.

The police are not going to intervene in this matter, it is a civil matter. You need to resolve it either with mediation, or filing a small claims action.

Given who you are dealing with, it may make more sense to go directly to small claims court.

Customer: replied 1 year ago.
They made us leave the property and said we had no rights when he signed that little piece of paper it was a contract signed by both boys and was legal even though it was not noterized. We wanted to ge tthe jeep back
Expert:  CalAttorney2 replied 1 year ago.

You cannot get the jeep back, your son sold it to the other party.

The other party is in breach of the contract by not transferring title, but that does not entitle your son to void the contract.

Customer: replied 1 year ago.
Thank you as long as they cannot go down to the tag office and apply for another title with a signed note staing they bought the jeep from my son.
Expert:  CalAttorney2 replied 1 year ago.

They cannot get new registration without the title being released, or filing a court action. But please keep in mind what I noted above - as long as they are driving it around on your son's registration, if they get tickets, etc. for parking or similar non-moving violations, toll violations, etc., your son is going to be responsible for these fees (until the DMV actually gets the release of liability notice, the registered owner is going to be your son).

Similarly, your son can force them to produce a title for the other vehicle (or the court can issue an order permitting your son to get title from the DMV directly) by going to court and suing them for breach of contract.

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