I have a car that I am cosigner on with my mother (no issues with us)
My husband ended up buying me a new car because I needed room for a new baby. Well, I allowed a person we know take over payments on the car. This has been about a year now and this person has been late multiple times and is now 3 months behind on the payments. I ended up paying $500.00 of my own money to keep the car from getting reposed by the finance company.
We have a bill of sale agreement that clearly states that he would take ownership of the car AFTER it was paid for. The payments were due on the 10th of every month in the amount of $400.00. The car was as-is and he was to have full coverage insurance at all times. He is already in breech of our agreement.
I told him I was going to come get my car this Wednesday and he said that wasn't a good day to go get it Thursday. It is a 4 hour drive and we work for our money so Wednesday is we can go. He then texts me telling me I would just have to take him to court because he didn't have to give me the car. I am now having it reposed on Monday at my expense and I just need to know am I in the right in this situation and does he have any rights to the car?

What does the bill of sale agreement say about default? Are you still on the title?

There wasn't anything on there about default. I got it off line. Yes, me and my mother are on the title not him.

The car is YOURS not his until he makes his final payment. Go get it before he decides to hide it from you.

Why didn't you include anything about defaulting in the contract? What were you thinking?

I would still be careful here. While the likelihood is that you can, legally, repo the car, there exists a chance that you may have to go to court first and get a judgment. I would check with a lawyer in your area, or maybe a local law school to double check.

Yes, not having a default clause may really mess it up, since by contract except taking him to court, there is little you can do. You are acting basically like a "buy here/pay here" car sale lot. Also repo can be very dangerous so if you decide to, I would consider hiring a professional company to do it.

... Also repo can be very dangerous so if you decide to, I would consider hiring a professional company to do it.

I think she already said that's the plan:


... I am now having it reposed on Monday at my expense ...