Legal Question in Civil Litigation in New York

I sold my car to a friend w/ promise of pymt

I sold my car to a friend to financially help with my move out of state. This person promised me he would pay the $2,800.oo in 2 weeks. Since a friend I have waited over 6 mosfor pymt, is there anything I can do?


Asked on 6/08/07, 2:21 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: I sold my car to a friend w/ promise of pymt

There is a law which covers this situation: the UCC Title II section 201 'Statute of Frauds'.

This 'promise to pay' would have to be written down in some way. What did you write on the 'transfer of title form'?

In the absence of anything written on the transfer of title form (ANYTHING), you could still argue that the written transfer of title form is an actual writing sufficient to meet the requirements of 2-201. Not a great argument, but we work with what we have.

You could take the transfer documents to 'small claims court' and ask that the sale be 'rescinded' and make the car yours again.

Good luck.

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Answered on 6/08/07, 2:36 pm


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