I wasn't sure where to post this. I recently sold a 1968 Porsche 911L. The contract that is signed by both parties states that cash payments were to be made in the sum of 5k by January of 2008 and that several odd jobs around my home were to be completed by Feb. of 2007. In addition, the buyer was to carry insurance on the vehicle. The contract also states that iof the buyer is in default of any of the conditions of the contract I would get the car back and he would forfeit all payments and labor. He has not completed any of the work and does not have insurance. He has made some payments, 2300. I called him to let him know that he was not living up to the conditions we had agreed on. He said,"too bad", and now I can't get the car back because he has an SUV parked in front of it blocking it in. I either want him to make good on the contract or give me back the car. I would prefer he just make good on the contract as I am a bit shy about private sales. What can I do?

Park right behind his SUV and lock it. Just kidding but did you sign over the title. Hope not since the deal had not been completed as agreed. You could try to call the police if the title is in your name but I think you may need to consider suing in small claims. Sorry to say this but you did not make a good agreement, especially if the guy is unknown to you.

You need to sue in small claims court. You will obtain a judgement against him at whichc point you hire a sherrif to repossess the car.

I still have the keys and the title. Thanks.

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Originally Posted by hbnorlund

I still have the keys and the title. thanks.

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Having the title makes it easier because once you reposses you don't have to worry about that. But you can't just go onto his property without a court order allowing the repossession.

You'll have to file a motion in small claims court asking that he be ordered to complete the payments or return the car. Make sure you have copies of the contract and any other supporting evidence.

If it's my property, why can't I just go and have it towed? I would say drive it off, but he has removed the fuel pump.

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Originally Posted by ballengerb1

Park right behind his SUV and lock it. Just kidding but did you sign over the title. hope not since the deal had not been completed as agreed. You could try to call the police if the title is in your name but I think you may need to consider suing in small claims. Sorry to say this but you did not make a good agreement, especially if the guy is unknown to you.

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Are you sure I can't just park a tow truck behind the SUV and lock it?:D I have the bad habit of trying to trust people. You'd think I'd learn. Should have used the screen name of "rosecoloredglasses".

Don't do it, Scott is correct. You can not go on his property to repossess your car. Well, you could do it but you'd be trespassing and now you are not in as good of a position as you are right now. Get the judgement and the sheriff will do the rest for you.

If you take the proof you've offered us into small claims, I believe you'll get a favorable judgement. You have the invisible power of right on your side.

Hello hb:

Well, I don't know... I hate to disagree with my learned colleagues. But, I didn't earn my name by being shy.

If the bank can repossess a car without a judgment, I think you can too. I agree that you cannot go on to private property (even though the bank does), but if the car is on the street, I think you can get it.

If it were me, that's exactly what I would do.

excon

Yea, but it's being blocked, ex. That's the problem. Seems the buyer has gotten some (bad) advise. I'd go after it if it was on the street, too. Even repo pro's aren't supposed to go onto private property, in some states. Check local laws.
Banks will have the car impounded first. The car is held, usually at an undisclosed location, until arrangements are made between the parties. Ask me how I know...
Banks also have lawyers on retention. So someone is up on all the legal stuff.
If hbnorland has a contract and/or promisary note unfulfilled, most judges should agree. I've been given positive adjudication from a verbal agreement and handshake.

The problem is that its on private property. If it was parked in the street or public parking lot, then you probably could repo it without a court order. But as long as it sits on private property you can't touch it without one. However, the evidence that you have should make it open and shut to obtain the judgement. Once you take him to court and he knows he will lose he may pay the balance. If he doesn't, you can get the repo order and have a sheriff, tow the car.