Legal Question in Real Estate Law in California

selling my used car

I sold my used car to this female and she was havin trouble at work and was about to skip town. she still owed me 2500 dollars on the car and had no insurance. she couldn't make the next payment. am I in a breach of contract because I took my car back and do I owe her the money she already paid?


Asked on 7/22/08, 6:48 pm

2 Answers from Attorneys

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

Re: selling my used car

California has laws regulating the repossession of cars, as well as laws regarding title to and possession of vehicles.

I think a starting point here is where title stands. Did you sign the "pink slip" to release your ownership, and give the pink slip to her? Did you notify the DMV of the sale and/or the fact that you no longer own the car? If so, the cops may think you stole it. They may be right.

Next question: Is the contract in writing? Do you have any written proof, such as a promissory note, showing that she owes you $2,500 (or some other larger amount that she may have paid down)?

I'm a real estate lawyer, and your question was probably asked in the wrong LawGuru category for you to get a really expert answer, but I'd say the way you handled this was quite improper for a number of reasons. Your biggest problem will be whether the DMV paperwork shows you are entitled to possession, or the lady is. If she reports the car as stolen, what will the officer be told when he radios in the license and VIN numbers?

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Answered on 7/22/08, 7:37 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: selling my used car

Unless you had a security interest in the car your repossession is stealing. As for breach of contract, she breached her contract and it excuses your performance. But, without a security interest in the vehicle your only remedy is to sue for damages.

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Answered on 7/28/08, 10:22 pm


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