Legal Question in Real Estate Law in Illinois
I have my car title but the car lot says i owe more money do i have legal rite to go get my car
1 Answer from Attorneys
Depends on what you mean by car lot and without seeing the documentation it's really impossible to be of much help here.
- If you mean this is a purchase, it may depend on the purchase and financing contract. Normally a seller that is financing a sale puts its lien on the title. If they have a lien on title and you are otherwise in compliance with your obligations (carrying insurance, etc.), then they should let the car go and if they do not you may have what's called a "right of replevin" which is a lawsuit to determine who has the better right to possession of the property. If title is "clear" without their lien or there are other issues, have you offered up title to put their lien on?
- If you mean a repair shop, they can hold the vehicle under what's called a "garageman's lien" until you pay them, or if you dispute the repair charges, until a legal determination. Again a replevin lawsuit may be the answer.
My best thought is for you to have an attorney review the purchase/financing and/or repair order papers along with your title for the best answer.