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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102505
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What legal action can I take in getting back my classic 1978

Customer Question

What legal action can I take in getting back my classic 1978 Mercedes Hardtop Convertible I signed the title on June 20th with the understanding my oldest nephew would place it in his name for his son when he is 16 years of age but he in turn gave it to his father's family corp. tax shelter but they have not transferred the title nor gotten insurance on this vehicle.
The state law requires title changes within 30 days and they have failed to meet that state basic requirement and have not gotten insurance on it?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please tell me:

1) Was this agreement between you and your nephew in writing? Or, all verbal?

2) If it was in writing, was there a clause for him to insure it, and/or, to turn it over to the corporation later?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
The agreement was a verbal agreement!
My home # is ****
Expert:  Ely replied 1 year ago.

Thank you for your reply. If you are asking for a call, you can choose that option at your screen. The site allows the expert to opt out of the call request, and I must respectfully ***** ***** not worry - other experts receive the request as well, and the first available expert calls. They will also have your question and my replies to build upon, so nothing will be lost.

On this website, I do not always get to give good news, and this is one of these times. The problem is that if this was a verbal request, then all he has to do is deny that these requirements were part of the gift. The onus would be on you to prove this otherwise by a preponderance of the evidence and I am guessing it would be your word versus his. All that is in writing is you giving him title to the vehicle. There is no requirement via written contract to have him get insurance, or, to later give the vehicle to the corporation. It is his vehicle now, free and clear. I am sorry to say that your ability to enforce these verbal requirements is weak, at best.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.