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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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If I was going to trade someone a vehicle for another vehicle

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If I was going to trade someone a vehicle for another vehicle and discovered they are not the registered owner but they have had my car for over 30 days do they then own my car when the agreement was only verbal and I am not even dealing with the legal owner
Thank you for your post. Please permit me to assist you with your concerns.

If I may ask, did he formally register this vehicle under his name?
Customer: replied 2 years ago.



Thank you for your follow-up. What you are describing is not a valid transaction since it is arguably based on 'false pretenses'. Furthermore, if the vehicle remains under your name, it is still your car, and you can simply take it back. If the vehicle provided to you does not have a rightful owner, it may be a situation of being given a stolen good, so returning that vehicle is very much in your best interest. Furthermore, as that vehicle cannot be registered, it is not 'fit' to be used on the road and the trade between the parties is invalid unless the agreement specifically stated that the trade would be 'as is' and that the parties did not care about whether or not the vehicles could be registered. As it stands, a demand for the return of the vehicle is most valid and binding in this situation.


Good luck and please take care!

Customer: replied 2 years ago.
I tried to get my car back law enforcement said was a civil matter and guy is still driving it with my registration and my insurance



It is indeed a civil matter as it is not directly theft, at least arguably it is not theft. You have two options--you can either hire a repo company (or yourself) and simply drive it off since it still belongs to you. Or you can contact small claims and file suit against him for 'replevin' (return of personal property) or value of the vehicle and ask the courts to compel them to make him return the car back to you.


Hope that helps clarify.

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