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I bought a trailer from a friend whom tried to sale it to…

I bought a trailer...

I bought a trailer from a friend whom tried to sale it to someone else. I gave him a down payment with a receipt and a promisary note saying I owed him another 3500.00 now hes tied to resale it without telling me .

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Alabama

Lawyer's Assistant: What steps have you taken so far?

I went to his house he will not speak to me and is avoiding me. I actually spoke to his mother who said at first she would give my money back and now she wont talk to me except shes gonna make him deal with it and he had agreed to me moving in and I didn't have to start paying the rest til he moved out and I moved in. now his mom is saying either way its her land and I cant move in without moving it i didn't know what i could do about it

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that is it.

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Answered in 5 minutes by:
4/23/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,373
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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I'm sorry to hear about your situation

This appears to be a classic breach of contract on the grounds that they agreed to sell you the property at a later time, but sold it to someone else without your consent.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach, including a rescindment of the sale to the other person.

There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 3 months ago
is there not any legal action i can take as far as the police

The police won't help because it's not a criminal matter; they'll consider it a civil one in my legal opinion. Your best recourse would be to go to the seller directly or to go to small claims court to get your property back:-)

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Customer reply replied 3 months ago
Ok thank you . Another question I sold my grandson and his girlfriend a car and she was suppose to pay for it in six payment and it's been past 6 mnts. Her and my grandson split up and she kept the car without paying it. I had him and his brother repo it and she willing gave up the keys now her nd her mother put warrant on him for stealing her car what do I do

You're certainly welcome. One moment while I address your second question...

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I'm sorry. I'm experiencing some technical difficulties. I'm still with you. One moment...

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I'm very sorry for the long delay. I have my issues fixed now. Ok, so if his name is ***** ***** title to the car, then it's not going to be theft at all. The police likely won't get involved either because if he had the rights to drive it, then you can't steal your own vehicle. Now, it is possible that if he isn't on the title, the police may take it back and give it to her; however, generally, if you had the right to repossess the vehicle, then it's not theft at all. Again, very sorry for the delay. Did you have any other questions for me regarding this?

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Customer reply replied 3 months ago
No his name wasn't on it. It was bought from her brother and sold to her grandson and his girlfriend but only her name is ***** ***** title.
Customer reply replied 3 months ago
she admits she still owes for it. It was a clear title from her brother to the girlfriend.

Ok, that may be tough. If that is the case, then he may have to give the car back if he doesn't have any ownership. If she is the only one, then a court in your county would probably award her the vehicle back. He may want to see if he can just buy it from her (assuming he wants to do so) to just keep the vehicle and give the payments to her and/or her brother, but otherwise, if the sheriff or police are called, it's probable they'll come and take the car back. I'm very sorry.

What other questions did you have for me about this today?

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Hi, just wanted to follow up with you. Did you have any other questions for me today?

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Customer reply replied 3 months ago
No sir thank you

Excellent.

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Customer reply replied 3 months ago
I have one last question .. if my mother takes the necessary papers down to the ploice station do they have to legally take the warrant of thieft off of her grandson

Good question. If your mother takes the papers down to the station, they aren't required to, but are highly likely to remove the warrant because the need for the warrant virtually disappears in that case:-)

Legal Eagle
Legal Eagle, Lawyer
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