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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 31690
Experience:  JD, BBA Over 25 years legal and business experience.
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I got divorce in 2010 and got a car- 2004 Saturn ION with 120k

Customer Question

I got divorce in 2010 and got a car- 2004 Saturn ION with 120k mileage, with new starter and almost in perfect condition except for missing bumper, that is still under my late ex-husband's name. I sold it to a friend in 2012 for super cheap price because my friend's husband said he could do all the paperworks (title etc) without me. And that all he needed to do was to have my late ex-husband sign a certain affidavit. He got that from him before he died in that same year. To make the story short, DMV won't honor the affidavit because the car is less than 10 years old. And to make matters worst, at least for them, a released of lien was still attached to the title. So I got the released of lien from the lien holder after making several calls and going to DMV. So I told them about it and asked for another 1,200 since they got it for only 800 under different circumstances. Oh wait, I almost forgot to mention, that he told me that we would give me another 500 just to get the title. And I said yes, without thinking that it would take a lot of my time just to do it and just being a nice person that I am. I am not an idiot nor trying to scam them since I can sell that car for more than 2,000. And the reason I am asking them for another 1,200 to make it 2,000 even is because of everything that I did. Remember, I sold it for 800 provided that they would do everything and he said he could get the title and that he researched about it. BotXXXXX XXXXXne here is that they won't pay another 1,200 and said that we should stick with another 500 or I they'll sue me. Do they have a case? I even told them that I would give half of their money, 400, since they've been driving the car since March 2012, and just return it to me. Instead, he texted me and told me to get a lawyer. Thanks.
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry very to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you have a written purchase agreement indicating these conditions upon which you based the sale of the vehicle--e-mails or any writings?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

Hi Tina - no formal written agreement except for that affidavit that my late ex-husband signed and I am not really sure what it is. They told me that that was the only thing they needed to transfer the title. Aside from that everything was verbal and just exchanged messages via mobile phone on how we would go about the deal. I already deleted all those messages in my phone

Expert:  Tina replied 1 year ago.

I see. Thank you for the additional information, Joey.

The buyer could pursue legal action against you because you did not provide them with clear title and you do not have any evidence other than your testimony to indicate that the sale of the vehicle was conditional. It is really unfortunate since you appear to have trusted them and now they are turning on you.

It would ultimately be up to a judge who to believe in this case since there is no writing documenting the transaction. Given the value of the vehicle, they may not file suit, but if they do, you would typically have to testify as to the terms of the agreement and hope the court believes you, unless you have some witnesses who can corroborate your story. Your offer to settle the matter seems very reasonable and it seems the buyer is determined to get more from you, but I would stick to the terms of the original agreement at this point normally since the owner needs you to get the vehicle titled in his name and the worst a court can do typically is order you to refund the purchase price and you get the car back.

 

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Expert:  Tina replied 1 year ago.
Hello again Joey,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.
Is there anything else I can assist you with?
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-tina/
Thank you very much and all the best to you.
Tina

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