What are my rights to retrieve a car that I had previously sold?

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What are my rights to retrieve a car that I had previously sold?

About 9 months after I sold our car to someone we recieved citations for having expired registration tags on the public street; I was still listed as the registered owner and on the title. I tried several times to call the new owner about settling this matter but they repeatedly hung up on me. I lastly told them that I was going to get car back and keep it stored until they got everything settled. I had the car retrieved. Now I am charged with unlawful taking. Do I have a legal leg to stand on?

Asked on April 19, 2012 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No not really.  If you sold the car and there is a bill of sale then really you did unlawfully take the car back. You should have sued for breach of the contract of sale and to get the car back (but then there would have been an issue with returning the funds). You need to speak with an attorney as soon as you can to try and smooth things over.  Good luck.


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