Legal Question in Real Estate Law in New Jersey
how do I get either my vehicle back or money for it?
4 years ago my brother in law offerred to buy a vehicle from me for $400. He took possession of it, but didn't pay for it, stating he and a friend would fix it up and sell it, then would pay me.
In the meantime, he and my sister separated.
A few days ago I received a letter from a man who was in possession of the vehicle, and was looking for the title, or info on the title. He claims the car was given to him by a friend who got it from the friend of my brother in law. I told him that yes, I did have the title, but wouldn't turn it over to anybody until I was paid for the car. He said he would talk to his friend and get back to me.
Do I still have rights to the car? How can I get it back, or at least be paid for it?
2 Answers from Attorneys
Re: how do I get either my vehicle back or money for it?
If you are on the title to the car, then you are considered the legal owner of the car. You did have a contract to sell to your brother in law, but he apparently breached that contract. It is not clear who, if anyone, has been paying registration fees, etc., on the car during all this time.
If you were willing to accept $400 for it four years ago, then we are talking about a "junker", more or less, aren't we? You would probably be smart, at this point, to take whatever you can get for it.
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
(*Licensed in New Jersey, Maryland, and Dist. of Columbia)
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
Re: how do I get either my vehicle back or money for it?
Since you still have the title and never signed it over to anyone, you still own the car. The current status is a little more difficult to answer, as several problems arise. If the car was purchased from someone, in a bona fide sale transaction, without knowledge of the background, the purchaser might be considered a bona fide purchaser for value. While this could mean they have no obligation to you to pay for the car, it opens the door to potential litigation in which you may be involved. You may have to initiate litigation if the car is not returned voluntarily.
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