Legal Question in Civil Litigation in Florida

ATV Title Being Held by Seller

We bought an ATV from a man that still owed the bank money for it. He was to pay off the bank, and then give us the title. We have a bill of sale as follows: ''I (seller) certify that I am the lawful owner of this vehicle (description) & have the authority to sell it. I do hereby grant, sell and transfer full ownership to the buyer. I certify this vehicle is free from all encumbrances and liens except those specified on the title or listed below; and that I (seller) will be held fully responsible for such lawful claims and demands with respect to the vehicle, if any. If applicable, Seller agrees to make arrangements for the reasonable delivery of vehicle title from lien holder to buyer immediately.'' Then a line was added that says ''upon release of title from lien holder.'' Is there anything we can do to get this title? Do we have any recourse at all? Is there anything we can threaten him with? We want the ATV.


Asked on 6/26/09, 9:42 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

Re: ATV Title Being Held by Seller

I believe this is a follow-up question to one I answered earlier in the week.

You absolutely do have recourse! I understand you paid for the ATV in full. What we don't know is what the seller did with the money... I don't know if the seller paid the bank loan, so I don't know if the bank is in the process of releasing the title and it's taking a while or not. If you don't have any other information to make this delay understandable or reasonable or somehow acceptable, then I would assume the seller took the money and ran.

If the title has not been delivered to you, and too much time has passed, you need to sue the seller. In Brevard county, you can sue in small claims for up to a value of $5,000 and in the civil division for up to $15,000. You stated that what you legally want is "specific performance", which means, you want the seller to perform his obligation under the contract rather than sue for your money back. I am not certain, but you may have to sue in Circuit Court to request specific performance. I myself would need to call the clerk of court to be certain where to properly file the claim.

You can, and I recommend, that before you file a claim, you "threaten" the seller with a strong demand letter. I recommend that you have an attorney prepare this letter for you for maximum possible impact.

If I can be of assistance to you in this matter, please feel free to send me an email.

Good luck to you,

Sarah

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Answered on 6/26/09, 10:25 pm


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