First of all it is unlikely that you have a contract at all with anyone involved in your fact pattern. If you purchased the Explorer from your sister, then the deal you entered into with your father concerning the Nova was not effective, as your father did not have the right to make the deal on behalf of your sister or brother in law to transfer the interest you owed over to the Nova from the Explorer. In fact, you state that you never spoke to them about the deal with your father. So, it's not an enforceable contract.
Second, the Nevada Statute of Frauds requires that any deal for the sale of goods (such as your car) worth over $500 be in writing to be enforceable.
I'm unclear on one fact, are you saying that you gave you no longer have the certificate of title to the Nova? If so, who did you sign it over to?
I had left the title on my father's counter as he had requested. It was an NV title I had signed a year prior, but not dated. I thought since AZ required it title's to be notarized they would have to have me notarize it. MVD in AZ told me that since the issuing state did not require a notary they could transfer to AZ without one.
I did not "sign it over" to anyone. It only had my signature. I do not know who filled out the rest. However, I do know the title is in both my sister and brother in laws name.
If the Nova was located in AZ when they transferred title does the NV statute of Frauds apply? Is there one like that in AZ?
It does. So what you would need to do is sue your father and Brother in Law for Conversion, Fraud and Negligent Misrepresentation.
For fraud, you have prove that your father misrepresented facts to you in conspiracy with your brother in law to fool you into giving them the vehicle.
For negligent misrepresentation, you have to prove that your father in conspiracy with your brother in law misrepresented a material fact in an unreasonable way on which you justifiably relied which caused you damage.
For conversion, you must prove that your brother in law took control over your car without your authorization and in violation of your title.
If you prove any one of these claims, you can ask for your car back or for the cash equivalant to your car.
Please let me know if you need any further information. Please also remember to rate my answer positively as I am not paid by the website for my work on your question until you do.
I am not sure if this question went through. Should I sent a demand letter informing them of what I will sue for first? If I have to sue it will be in Justice Court, can I put all of them on one suit?
If you are looking to get this resolved without the need to go to court, then a formal demand letter would be a good idea.
You can indeed file this suit in the JP court and can sue them all in the same lawsuit.
Thank you for your help!
You are welcome. Good Luck and please consider giving me a positive rating.
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