Legal Question in Real Estate Law in California

car title question

i sold a car for $5000 dollars. i gave the car to the purchaser and he gave me the money. i failed to give him the title to the car on the date of the sale because i was waiting for it in the mail from the lender. once i recieved the title, the purchaser refused to take the title and asked for his money back. i told him that we had already made the sale and i was trying to complete it by giving him the title. he refused to take the title and sued me in small claims. i didnt show up to the court date, and i have a judgement against me for the $5000 dollars. so now i am stuck with the title and he has a judgement for $5000 dollars and the car. it has gone over the appeal date and i want to know what i can do.


Asked on 12/30/08, 11:35 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: car title question

Why didn't you show up? Why didn't you timely appeal?

I'd suggest contacting the "buyer" and offering to pay the $5,000 in exchange for physical possession of the car and a written satisfaction of judgment. Then everyone will be more or less back in status quo ante and you can get on with your life.

The lesson here is to take a summons and complaint seriously and later on if necessary to file a timely appeal. You are on the backslope of your legal remedies and have to take what little you can now get.

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Answered on 12/31/08, 12:51 am


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