Can I be sued for not turning a car over tobuyer who has not paid in full?
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Can I be sued for not turning a car over tobuyer who has not paid in full?
My stepdaughter and her boyfriend have lived with us for a year. He agreed to make payments on a car I was selling. He has not fulfilled his obligation after a year (car total was only $1500). We served eviction notice and he has left. He is threatening to sue us because we did not let him leave with a car his has not fulfilled his obligation on. He thinks we are stealing from him even though he has only paid a small portion. The car is in our name and we pay insurance on it. We have no problem handing over keys when the debt is paid off.
Asked on August 18, 2011 Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
What is the agreement that you have with the buyer boyfriend of your step daughter over the car? Is it that legal title remains in your name until it is paid in full and he is entitled to use it in the interim while making payments?
From what you have written that title to the car is in your name as well as the insurance, you are the vehicle's legal owner of record. As legal owner of record, you can do what you want to with the car as long as it is in accord with whatever agreement you had with the buyer. If the agreement with the buyer was that the car was his even though it was not paid in full, then that portion of the agreement needs to be honored where title and insurance to the vehicle be taken out of your name and placed in his.
If you do not have a written agreement regarding the terms and payment schedule for the car from the buyer signed by him, you should get one.
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