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    MatthewABC's Avatar
    MatthewABC Posts: 2, Reputation: 1
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    #1

    Jul 22, 2012, 01:01 PM
    Title holder but not in possession of car
    I was trying to help my son get a car. My daughter paid for a car for hiim with cash on a promise to be repaid. He sold the car to someone else, spent the money and now owes my daughter $1200.0.0 The problem is that the title is in my name and I am not in possession of the car. I am still carrying insruance on it to make sure I am covered in case of accident.
    Can I legally go get the truck from the person who bought it from my son. He is not communicating with me at present,
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jul 22, 2012, 01:10 PM
    You son is basically guilty of fraud, and you need to get the vechile back but will have to pay them the money. I would be sure your son walks, he does not need a car, he is not responsible.

    So where is the 1200 dollars ? Does son need to start selling and pawning his things to get the money back
    MatthewABC's Avatar
    MatthewABC Posts: 2, Reputation: 1
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    #3

    Jul 22, 2012, 01:16 PM
    Quote Originally Posted by Fr_Chuck View Post
    You son is basicly guilty of fraud, and you need to get the vechile back but will have to pay them the money. I would be sure your son walks, he does not need a car, he is not responsible.

    So where is the 1200 dollars ? does son need to start selling and pawning his things to get the money back
    So, you are saying I will have to pay the guy back the money he paid my son for the car without a title. The man who bought it from my son paid my son $1000.00 for the auto. My son spent the money. My daughter is owed $1200.00.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jul 22, 2012, 04:24 PM
    Quote Originally Posted by MatthewABC View Post
    ... Can i legally go get the truck from the person who bought it from my son. He is not communicating with me at present,
    Yes, you sure can. Who is not communicating, your son or the person he "sold" the car to?

    Quote Originally Posted by MatthewABC View Post
    So, you are saying I will have to pay the guy back the money he paid my son for the car without a title. ...
    I don't think so. The title is in your name. It's therefore your car. The "purchaser" would have had to get the title signed over to him to have a claim to the car.

    Legally, your daughter bought you a car. And your son tried to sell a car he didn't own. You can take the car.

    The person to whom your son "sold" the car can ask your son for the money he paid your son.

    All of you are acting like clowns:

    • Your daughter for loaning your the son the purchase money without having her name on the title;
    • Your son for "selling" a car he didn't own;
    • The person who "bought" the car without asking for the title; or
    • You for getting involved in this mess.

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