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I have a cousin who has asked me twice if he could purchase

one of my mom's cars...
I have a cousin who has asked me twice if he could purchase one of my mom's cars. I just went through probate court on Tuesday, and waiting to receive my letters of testamentary. I don't totally trust him and I want to use a contract if I decided to sell it to him. Could I check his background and do a credit check on him? I plan to transfer the title before I sell it to him? I want to make sure I am legally covered? What else would I need?
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Answered in 8 minutes by:
10/5/2013
Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5,299
Experience: Attorney with significant and substantial experience in multiple areas of law.
Verified
Hello,

I'm sorry to hear about your loss.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Yes, you can definitely do a background and credit check on him before you decide whether you want to allow him to purchase one of your mother's cars or not.

You can and should definitely have a contract with him in place if you don't trust him. And, of course, you do not have any obligation to sell the car to him if you don't trust him.

If you have a written contract, signed by both of you, that would cover you in case he breaches the agreement. However, I would definitely suggest that you receive the entire purchase price up front or not give him the car. But if you decide to accept payments, you should leave your name on the title until he fully pays off the car, so you can repossess it if he fails to make full payments.

(This is how all finance companies are able to repossess cars due to missed payments).

You can require that he have a certain amount of insurance on the car as well, to ensure that you wouldn't be liable in case of an accident.



I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

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Thanks and best of luck!

-Joseph

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Customer reply replied 4 years ago

Thank you very much for the great answer. Don't I have to ask him to pull his credit report? I know I can't review someone else's credit report without their permission. I don't want him to know that I am doing this.

Hello Laura,

Yes, unfortunately, you do need his permission to do a credit report. You wouldn't be able to do a credit report on him without his knowledge.
Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5,299
Experience: Attorney with significant and substantial experience in multiple areas of law.
Verified
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Category: Legal
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