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In Jan of 2012 I had an oral contract with my father concerning

my 73 Nova and my...
In Jan of 2012 I had an oral contract with my father concerning my 73 Nova and my 2001 Explorer. I bought the Explorer from my sister and brother in law for 5000 in 09. They put a lien on the title and charged me 10% interest. We lost our home in Las Vegas in June 2011 and moved here July. At that point I was no longer making any payments to my brother in law.

In Jan 2012 we moved to an apartment where I could not take my Nova. For several days my father told me I needed to sell it, and that he would not let me keep it anywhere on his five acres. He harassed me to get it off of his property where it had been fine for 6 months, until I said I would sell it.

The following day he contacted me telling me he had come up with a plan. I could let my sister and brother in law take my Nova, they would insure and registrar it and get to drive it. I was told that my brother in law had credited all the interest I had paid on the Explorer, which left a 1400 balance. The 1400 balance was to be put on the Nova. At any point I could pay off the 1400 I could have my Nova back. I agreed to that. I never spoke to my sister or brother in law about the deal or about the 1400.

In June 2012 my Nova was parked in my father's garage. My sister and brother-law live on the property also, but the garage is my father's. I was upset my sister was able to keep it in the garage, after I was told I could not. I sent an email to my father asking why they could park it there. I also told him I should be able to put a lien on it for the difference between the value and the 1400, like they did me with the Explorer. I received a letter from my mother a few days later. I was told that since I owed them money from 2010 and 2011, about 4500, that my father was part owner of the car with my sister and brother in law. The original deal had been made in Jan 2012 and did not include my father, or money they thought I owed them.

My title was from Nevada and did not have to be notarized. I had signed it in Las Vegas years prior when a too good to be true deal fell through. The title was put into my sister and brother in laws name on April 6,2012. I received a lien release on the Explorer in May 2012, so I could get a duplicate title as my brother in law lost the original. Lien holder in Nevada holds the title. The title says he is still the lien holder as I have not changed that.
I told my father after receiving their letter that was not deal, and I wanted an explanation. After four emails he still never said anything. In Dec of this year I demanded my car back several times, he will not acknowledge anything. The title is not in his name, so other than just because "he said so" I do not see that he has any right to keep it from me. He just recently removed my family's property off of where we had been staying without my permission, after he thought I had no right to it. He is starting to have a pattern, but the police seem hesitant because it is a family member.

The title is in my brother in law and sister's name. However, we have never spoken to them about it. Since there was never a deal between us, and one my father implied there was, had been changed by him, I did not agree to. The way I see it is, an original 1400 is still on the Explorer. Why would I do a deal that gave them my 8000 car for 1400, especially after I had just lost everything but that car.

I need to know if this is something I can file in a law suit to get the car back. Take out the fact they are family. I know if I try and talk to my brother in law, my father will tell him I have no idea what I am talking about. If I am correct, my brother in law needs to know in a way that leaves no doubt that I will drag him through court all day long to get it back. I know he does not want the hassle. Any guidance would be helpful.
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Answered in 20 minutes by:
2/22/2013
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified

Hi,

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?

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Customer reply replied 4 years ago

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.

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Hi,

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.

Thanks,

ZDN

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Customer reply replied 4 years ago

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.

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Customer reply replied 4 years ago

Thank you for your help!Smile

You are welcome. Good Luck and please consider giving me a positive rating.

Thanks,

ZDN

TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
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TexLaw
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