Legal Question in Consumer Law in Texas

Repossession of Auto by Titled Owner

My husband sold his truck with the agreement that the buyer would give him $1000 and then take over payments. There is a written contract that is very vague, only stating monthly payment amounts and that the title would be transferred after paid off,no pay off amount is stated. The buyer wrote the contract and at the time of signing stated that he wanted to get the car financed in his own name. He is unable to and skates around the issue leaving my husband unable to get another vehicle loan. Buyer was told by myself and my husband that payment needs to be made by the first of the month. Last month he was late on his payment and will probably be late this month. What legal rights do we/he have to repossess the vehicle. My husband is still the titled owner and according to the finance company is the only owner.


Asked on 10/01/04, 10:43 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Repossession of Auto by Titled Owner

You have title, you can repossess the truck. Arguably whatever payments the 'buyer' has made can be written off as rent for the use of the truck. As soon as you get your hands on it, have the locks changed!

If you are going to sell something, sell it for cash, or have the lender agree that the buyer can assume the note and let you off the hook.

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Answered on 10/01/04, 10:51 am


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