What to do if my husband did an even trade on a car for a truck with another individual but now they have junked out the truck?

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What to do if my husband did an even trade on a car for a truck with another individual but now they have junked out the truck?

The person signed over the title and gave us the truck, however the next day they got a duplicate title and junked out the truck do my husband could not get the truck in his name. We have tried to contact the guy multiple times but he will not return our calls. We have the original title signed and notarized when the trade was done. We found all this out when my husband tried to get the title switched in his name. What legal action can we take?

Asked on November 22, 2013 under Business Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can sue this person for breach of contract, even if the agreement was never in writing (that is, it was an oral or verbal agreement): a contract is enforceable, and if one party to a contract does not comply with its terms, the other one may sue him for monetary compensation. You can sue the threat of a lawsuit--which can be filed inexpensively, such as in small claims court--to force this individual to help you untangle this mess; or at least to get compensation.


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