Legal Question in Credit and Debt Law in New York
car purchase
I bought a car at a dealership and picked the car up. My husband sat there while I signed the check. They transferred the car to my name, title registration and all. I drove the car home and have had it for 2 weeks now. The dealer called and said that the check did not go through because my husband was not asked to sign the check. So, the car is legally in my name now but through their own error, the dealership didn't get the money. Can they legally repossess the car now?
2 Answers from Attorneys
Re: car purchase
I am not sure I agree with Mr. Wolff. When you signed the check I believe you did deliver a negotiable instrument. The car is in your name. I assume the check was written off a joint account? You have the right to sign the check without your husband's countersignature. (does he countersign all your checks?). I don't think they can repossess the car either...What prevented them from cashing the check? (why wouldn't the bank accept the funds?) You do, of course, have to pay for the car. You should pay...
If there was a purchase agreement (and there was), read it and see if there is anything in there about the dealers right to demand additional assurance for payment. The agreement would control...
Re: car purchase
Yes. You have an obligation to pay for the vehicle. It is not the dealer's fault, but your own, for failing to deliver a negotiable instrument. Unless you correct the error, you may be liable for criminal as well as civil penalties.
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