Legal Question in Civil Litigation in Arizona

Sellers Rights

I agreed to sell a car to my son's (now) ex-girlfriend. She said she would pay me $150.00 a week plus insurance. She agreed that no one other than her would be driving the vehicle until it was paid in full. I practically gave her the car because I felt sorry for her, I charged her $1,000. It was to have been paid for in just over 6 weeks. It has now been 5 weeks and she has paid a total of $230.00. The car has been in some kind of an accident and has probably $500+ damage and she said she was driving but I found out her mom was actually the one driving the car when it happened. She keeps promising me that she'll get caught up by ''Friday'' but now 3 Fridays have come and gone and she still hasn't paid any more. The police say that even if I am still the registered owner and I still hold the title that I have no legal recourse other than to file a small claim in justice court. Why don't i have the right as the legal owner, to just go and take the car?


Asked on 3/03/02, 3:34 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Sellers Rights

If your understanding concerning the car wasn't in writing you have a potential problem in that her story may be different from yours.

You cannot go upon her property to re-take possession of the car as that would be trespassing and a crime [albeit a small crime.]

If you have a key and can take it from some place other than her property [a public place] you perhaps could do so, but you may be liable to return to her the money she has paid.

Instead of a lot of maybes, why not go to small claims court and get either your money or the car back, at which time you could be authorized to keep what she has already paid as compensation for damages to the car.

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Answered on 3/03/02, 5:45 pm


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