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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31597
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I sold my 1999 Ford Exployer to my niece May, 28, 2015. I

Customer Question

I sold my 1999 Ford Exployer to my niece May, 28, 2015. I wrote a contract which she signed. Sale price was 1800.00 but a few months later I lowered the amount to 1400.00. She was supposed to pay 200.00 a month until paid off. I did not want to be held legally responsible in case she had an accident so I titled the car in her name and noted in the contract that the title would be held by me and released to her once the car was paid in full. To date she has paid only $40.00. I picked up the car because she had made arrangements to sell to a junk yard for 200.00. I told her she could not sell the car because she still owed me. She refuses to give me the keys and said the car is hers because she made a repair and it's titled to her. I was going to file a small claim to get the keys and transfer the title but was told that there was nothing that I could do by my doctor. I was told the car is hers because our contract was not notarized. Is there anything I can do?
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

If she signed a contract to pay you $1400 in exchange for the vehicle, then you can sue her for breaching the contract and seek damages accordingly. BUT, if you signed the vehicle over to her and didn't retain a lien by listing yourself as the lien holder on the vehicle's title, you probably do have an issue with claiming/recovering the collateral.

Expert:  Roger replied 1 year ago.

However, if you obtain a judgment against her, you can levy execution on the vehicle and sell it in order to try and recover what is owed to you.