Legal Question in Civil Litigation in Florida

Contract for sale of car

The contract states I agree to buy my sisters car ($23,000) for $1200 down and $400/mo X 36mo and she agrees to buy my car($7500) (to be subtracted from the price of her car) leaving her with no payment. The contract includes agreement to each drive our original cars until delivery of her title. We thought her estranged husband needed to sign off . Unfortunately, only 1 signature was needed, so he sold her car. The new owner titled and took possession of the car. My contract is notarized and precedes his sale by several weeks. I have already paid her a total of $1600. Does my contract/bill of sale entitle me to the car? If so, can I ''repossess'' and then file suit, or do I file first and risk them hiding the car?


Asked on 9/18/07, 11:55 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Contract for sale of car

You have no right to the car unless you had a lien on it (which you did not). If it was titled so that the husband could sell the car and your contract was only with your sister, then you can sue her, but you cannot get the car and cannot sue the husband. For a lot of reasosn, the way you set the deal up was a bad arrangement.

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Answered on 9/19/07, 7:19 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Contract for sale of car

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Probably not. The buyer is probably a bonafide purchase for value who will probably not be held responsible for your agreement. Without knowing more, it is truly hard to respond, but I would venture to guess that whomever filed the title first with the Department of Motor Vehicles would be the one who owns the vehicle.

Scott R. Jay, Esq.

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Answered on 9/19/07, 12:06 am


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