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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111576
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I entered a lease/ purchase agreement with a former

Customer Question

I entered a lease/ purchase agreement with a former colleague. I agreed to purchase his vehicle over 2 year period. I have the last payment (October), but now his wife says she does not have the title in her name only a power of attorney. The title is in her husbands name who is in prison. She says I must come to a motor vehicle office to transfer title. This is not how she has accepted payments in past, she has always come to our office. This is in Florida in case it matters. FYI: A trip to motor vehicle office creates a hardship for me, as I work nights.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
His wife says DMV absolutely will not allow her to sell me vehicle with out me being present. I think she is trying to stall, but I feel as if I am now entitled to late fee of $10.00 per day, not her.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid she is legally correct. As she does have Power of Attorney, she can transfer the vehicle title to you, but FL requires the new owner to be present. The fact she accepted payments by coming to your office does not have anything to do with the FL requirement you be present to transfer the title, so she is not in breach of contract with you. This is actually out of her hands because it is a requirement of the FL law and if you do not comply with the FL law, you would not be entitled to any late fee, as it is implied in every contract that both parties know and will comply with the laws to complete the contract.

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