What to do if the person thatI purchased a car from has not given me the title or paid it off?

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What to do if the person thatI purchased a car from has not given me the title or paid it off?

Approximately 3 months ago my husband and I purchased a car from a lady living in town. We paid her $3200 cash. We asked her for the car’s title and she told us that she was still financing the car and that she would use the $3200 to pay the car off the following morning. She said that her finance company had approved the sale. We wrote up a contract with her and she said we could expect the title in a few weeks by mail. However, we found out last month the lady did not pay the car off. Now we have no title and the finance company calls us multiple times a day as they are trying to reposses the car. The lady we bought the car from refuses to give us our money back or as well as catch up on her payments.

Asked on March 10, 2011 under Business Law, Nevada

Answers:

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

Answered 10 years ago | Contributor

Private sales are difficult to say the least.  It was smart of you to write up a contract here for the purchase of the vehicle and I hope that it lives up to the requirements under Nevada Law.  Now, the finance company is not a party to your transaction meaning that they do not have to abide by the agreement that you entered in to with her.  So as long as they do it lawfully they can come and get the car. What you are going to have to do is to sue here asap for the money back.  You may also want to look in to filing a criminal complaint with the DA's office against her.  Good luck to you.


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