Legal Question in Civil Litigation in California

Son sold car which i am currenly still paying on to an individual who paid him 1000. i told son not to sell car because i still owed money on it. he sold car and

now individual has the car. i tried to pay the person for the money they gave my son (son is mentally ill). the buyer refused my money. what is my next move on this situation?????/

i still owe on the car and the buyer does not have the title but they have


Asked on 3/22/11, 9:55 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

You need to tell us who holds the title to the car, did the buyer know or should have known that your son has a mental illness, does that illness prevent him form knowing what he was doing in selling the car, how much is the car worth, why will the buyer not re-sell the car to you, is the buyer a person with asset at least equal to the value of the car or a business, why did your son sell the car, etc. With that information we can decide if you remain the owner as no title can pass, sale is voidable, buyer is a crook, etc.

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Answered on 3/22/11, 10:45 am
Terry A. Nelson Nelson & Lawless

If you hold the sole title on the car, then no one else had the right to sell it or convey title. This buyer does not 'own' the car, and can't get it registered in his name. You could file with the police a stolen car and receiving stolen property report, and see if they can 'persuade' him to return it in exchange for his payment back.

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Answered on 3/22/11, 3:52 pm


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