OK. I am in the process of buying a car from a family member. We have a contract written up which only states the type of car and the purchase price. At the start, we had an oral agreement of paying $400 a month, which we have been doing faithfully. Three weeks ago we had to move about 180 miles away because of unforseen circumstances. So, I go out to get into my car and it is gone. It turns out they decided to repo their car because of non-payment, although as I said above it has only been 3 weeks and I have my last reciept to prove this as well. I had my payment set to go out tommarrow.
Now here is my question(s). Are they within their legal right to do this? And, from what I am being told by people here, would I be within my legal right to go take the car back as long as I made my payment within a months time?
IANAL, but if all they have is a contract that says that they will sell you X car for Y dollars, but no note that lays out the payment terms, and if the car is registered in your name, with no lienholder noted on the title, they’ve just stolen your car, and you can call the police.
Don’t try to take it back on your own. That will just create a new set of problems.
Again, IANAL, but if you can’t prove that you’ve paid for the car, and you don’t have any sort of agreement that spells out the payment terms, and they still have the title, you’re screwed. At best, you could recover the money you’ve already paid them. But to do that, you’ll have to take them to court, which means hiring an attorney (unless it’s a small enough sum to let you do it in small claims court - but even there, you’re going to have a tough time proving what happened). You should certainly call an attorney, unless you’re willing to wave goodbye to your money.
If you take the car back, you’re the one who’s guilty of grand theft auto. All they have to do is wave the title in the cops’ faces, and you’re in cuffs.
The moral of this story, boys and girls, is Get It In Writing! Never, ever, ever, ever, rely on an oral agreement. Do it right, and the potential for problems is erased.
Yes as a matter of fact I have talked to them. They are saying I am late on my payment. But, like I said, I have the reciepts to prove what I have paid. My last payment was the 24th of last month and it is only the 20th. I was going to pay them tommarrow. So I guess I am just going to have to take them to court. I just don’t understand why they did this. They are the ones that will have to pay in the end. All the payments are documented.