Legal Question in Real Estate Law in California
Was sold a car that is trying to be repossessed
I was sold a car by a friend of a friend for a really good deal who was moving out of the country, I have come to find out this car is trying to be repossessed by the creditor of the person I bought it from. I still have the vehicle and want to keep it. How would I go about this situation? Do I need an attorney? The car was originally purchased in Nevada and I am in California. Any help would be appreciated. Thanks
3 Answers from Attorneys
Re: Was sold a car that is trying to be repossessed
The advice of both Mr. Cohen and Mr. Whipple is sound. However, I would contact the police and report this person who sold the vehicle to you. Selling a vehicle that you don't own would appear to be fraud.
Re: Was sold a car that is trying to be repossessed
Contact the creditor and see if you can assume the loan. You might not want to give the car's or your location until you obtain a payment agreement in writing.
If you paid what you think is full value for the car and don't want to make payments, you might have to sue the friend of the friend for your money back and try to collect once the car is repossessed.
Re: Was sold a car that is trying to be repossessed
Mr. Cohen's advice is sound. Your "friend" shafted you, or possibly you were naive in not asking whether he owned it free-and-clear.
Whenever you buy anything, all you get from the seller is whatever right, title and interest the seller has. In this case, the seller's title was impaired by the creditor's lien.
As the saying goes, "He who sells what isn't his'n, must buy it back or go to prison." However, you may want to work out a deal with the creditor rather than go after the seller, who may be very hard to reach at this point.