[horselovergal]

A car was being sold between two friends for $500.00 Party 1 car seller, and party 2 car buyer,made a verbal agree meant at first and 100 dollars cash was exchanged between party one and party two on January 3rd2012. Party 2 had already had the car for several days and applied insurance for the vehical. Later on February 3rd a contract was dranw upthat stated party 2 would pay party 1 buy the end of march 30 2012 in the amount of $300.00 contract is dated February 3rd 2012. And a check for $100.00 was given from party 2 to party 1. A few days later party 1 wanted money from party 2 by the 1st of march 2012 instead. Buyer said we have a contract and if was able to pay by 1st will pay the money. It is now march 7th 2012 and buyer goes out to get in vehical and it not there. A few minutes later buyer gets a call from sellers mother saying they took the car, and they want the key in return for the sellers belonging that were in the vehical. Seller is upset and says will pay for the car and wants there belongings from vehical back. Party 2 wasn't aware party 1 wasn't the documented owner, but party 2s parents were aware of this transaction. Party 2 put money into vehical maintnece, and $200.00 in payments. Party 1 will not give the car back even if the remaining amount is paid. Party one states party 2 defaulted on payment and they lost there chance to keep car. Party one removed vehical from privete property and took vehical with party 2s belongings in it with no nitce at all. The last time party one and 2 spoke was on the last day of payment. Party 1 will not give back party 2s belongings until party 1 receives vehicle key from party 2. Will this hold up in cout that party 2 was frauded by part 1? Will party 2 beable to get belongings and money paid in to vehical back?

[ScottGem]

Did Party 2 register the car (they should have had to to get insurance). If the care was registered by party 2 then Party 2 calls the police and reports the car stolen. Unless the contract allows the seller to repo car in case of default. In which case, Party 2 has to sue. But if the contract says final payment by 3/30, this should be cut and dried.

[ballengerb1]

Private party repossession is regulated by state laws. I don't pretend to understand CA law but you should be able to look it up on the net. Also, are you saying that aprty 1 sold a car that did not belong to him? What name was on the title, who signed the title over to party 2?

[Fr_Chuck]

Since there was a sign contract it is valid, even if signed latter. So the buyer merely sues the seller for the money they have paid and any value of items in the car.

Also are the buyers and sellers over 18, since if they are under 18, there is no valid contract