Legal Question in Civil Litigation in Florida
Seller not producing title to ATV
We bought an ATV from an individual that still owed money on it to a bank. He was to use part of the money we gave him to pay off the lien and give us the title. If he doesn't use the money we gave him to do that, what recourse do we have? How long do we have to wait to do something?
1 Answer from Attorneys
Re: Seller not producing title to ATV
You did not say that you have a written contract with the seller, so I'm answering as though you do not. If the seller does not produce the title and transfer it to you, then you don't own what you paid for, and the seller has breached your contract (written or oral). What you would sue for is return of your purchase price, and then you would give him back the ATV.
Absent written contract terms for the time frame in which the seller is to transfer title to you, I would say it's implied that it should be a "reasonable" time frame. Right now, you should write the seller a letter, memorializing the terms you understand of your agreement, stating the situation now (no title transfer), and demanding some "reasonable" time for him to deliver the title. Send the letter certified mail return receipt requested (save a copy of the letter and your receipt). If the time expires and you still do not have the title, you should file a lawsuit for return of your purchase price.
This is the best answer I can give without any other facts. You understand that I am not your attorney, and to protect your rights, you should consult with your attorney in this matter.
Best of luck,
Sarah