Legal Question in Business Law in Minnesota

Help.

I am in a situation where i was buying a car from a private party, and then all sorts of things with the car went wrong and i stopped paying them... they said the car was in perfect working condition. it was definitely not! so i had to pay for all the repairs and such, the car was sold as is, but i didnt have money to pay for both.. i did sign papers saying that i had to pay him so much the deposit was so much, and that he was supposed to be put on as a lien holder till i paid in full.... that was when i lived in MN, now i am in MO and they say that they have a pi on my case, and they transferred it to mo- supposedly. get this, the kid i bought the car from though was 22 i am 23, he was supposed to go with me to the MN dmv to transfer the title and be a lien holder... instead he filled it out and let me move without putting his name on anything.... i guess i need to know what i am risking by not paying him since he has now given me 24 hrs before legal action is taken.... the car's title is now solely in my name. and he is back in mn making all these threats of he knows where i live and so on.... what can or should i do?


Asked on 8/17/07, 10:52 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Help.

You should probably consult an attorney, sit down, and go over the entire fact pattern in a great deal more detail. There are potential issues with regard to title fraud, and the seller might even claim your intent to defraud means you've stolen the goods at issue.

You need someone to go through the facts with and sort them out. If what you say is true they have a cause of action against you for breach of contract, and you have a cause of action against them for fraud in the inducement. It doesn't sound like a case either one of you wants to fight out. A lawyer might be able to negotiate a resolution where you paid the difference between the cost of repairs and the original price.

But the facts here are too sparse to offer you a good opinion, and you need to see a lawyer to protect your rights. Most lawyers will see you in consultation for free.

Good luck,

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Answered on 8/17/07, 11:11 am


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