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  1. #1
    Join Date
    Aug 2020
    Posts
    1

    Default Husband Sold My Car, Guy Stopped Making Payments, I Still Have the Title, What Now

    My question involves a consumer law issue in the State of: Tennessee

    So here's the situation I need help with. I hope I'm posting in the right place. I live in Tennessee. My car broke down in 2016 so this car has been sitting dead in my yard until last week. This guy who lives down the street from us asked my husband to buy it for $500 to see if he could fix it up. My husband made a deal with the guy without asking me first for the guy to buy the car. The deal was the guy could pay me in 4 days and if he didn't pay me he had to return the vehicle and he put up the title to his camper as collateral. The deal my husband made allowed the guy to tow my car to his garage to work on it to see if he could get it running before he paid which I know is so stupid of my husband.

    My husband wrote a written agreement that says

    "I, (name of the guy) agree to buy this (insert name of vehicle) Vin # (insert vin) from (insert my name) for $500, which will be paid by August 1, 2020. And if I fail to do so, I will return the vehicle. I am putting up the title of my camper as collateral, so if I do no uphold my end of the bargain or lesser the value of the Rodeo while it is in my possession, (insert my name) has the right to claim ownership of my camper."

    So the guy signed this agreement but I did not. I didn't even read it until today August 5th. I was ticked off my husband made this deal without telling me because this vehicle had a lot of sentimental value and I think he's such an idiot for getting me into this situation. I wasn't crazy about this deal of not getting my cash upfront but after arguing I did allow my husband to say okay to the deal since he'd already agreed to it but I never read or signed the agreement and didn't know the details until today. I trusted my husband in to handle whatever deal they made.

    So the guy didn't show up on August 1st like he said he would to pay. He showed up a few days later with only $80 out of the $500. It's now August 5th and he keeps saying every day he'll come with the full payment and he hasn't. We have a facebook conversation with him where he keeps promising to come pay us. Did a search on him on google and he was arrested for buying a car with counterfeit money then selling that car a few years ago. He also got arrested for stabbing a guy...So my idiot husband got me in a pickle with the wrong guy!

    Also, the guy said someone hit him the other day (the other person's fault) so he's driving an unregistered car in my name. The police took note of that. The guy sent my husband a text picture of some paperwork showing things he's had to appear in court this year for "leaving the scene of an accident, driving an unregistered vehicle, driving on a revoked license, speeding, etc....so this is a guy I don't want driving a car in my name.

    The guy said he'd be by in 2 days with my money but if he doesn't show what then? What do I need to do to protect myself in this situation?

    I still have the title and the tile to the buyers camper. Can I call the cops? Can I repossess the vehicle if I return his title and $80? He lives down the road from me so I know the car is still in his possession. He lives in a camper parked on someone else's property. If he's not going pay me the agreed price by the date stated or returned my car he's in violation of the agreement.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,152

    Default Re: Husband Sold My Car, Guy Stopped Making Payments, I Still Have the Title, What No

    Can I call the cops?
    I'm pretty sure you have the ability to do that. But do you really think the cops will get the car back for you. They'll probably tell you it's a civil matter and you can sue him in small claims court for breach of contract.

    Can I repossess the vehicle if I return his title and $80?
    I'm sure you have the ability to do that, too. However, you'll probably be breaking your state's repossession laws that apply not only to auto financing companies but also to individuals who finance the sale of a vehicle. Look them up.

    You can, of course, take the $80 and his title, walk down the road and ask him for your car back. Keep in mind that he's a low life and a criminal so confrontation could be dangerous.

    I still have... the title to the buyers camper.
    You might be holding on to a piece of paper but did he sign it over? Did you put your name on it as lienholder? Did you go to the DMV and have the title reissued with your name as lienholder so that the DMV has a record of it? I'm guessing "no" to all that so, no, you don't get to claim the camper as your own.

    The guy said he'd be by in 2 days with my money but if he doesn't show what then?
    You're screwed.

    What do I need to do to protect myself in this situation?
    From his victims of the accident coming after you as owner of the car? Nothing. Too late. I hope you kept liability insurance on that car. If not, you are going to have a big lawyer's bill if somebody sues you for injury or damage. Yep, can happen, and often does.

    If he doesn't show up with your money, come back and I'll have more advice for you.

  3. #3
    Join Date
    Jul 2018
    Posts
    138

    Default Re: Husband Sold My Car, Guy Stopped Making Payments, I Still Have the Title, What No

    Quote Quoting adjusterjack
    View Post

    Q: What do I need to do to protect myself . . .?

    A: From his victims of the accident coming after you as owner of the car? Nothing. . . .

    Curiously, on what legal authority are you telling the OP that she would have no defense if sued by the "victims of the hit-and-run accident"? Even presuming that the facts presented here would admit of the application of the doctrine (which IMO they do not) where do you find that it even applies in Tennessee? I can't find that it does. And per chance that it does not apply in Tennessee then common law principles would obtain in which this particular form of vicarious liability does not exist.

    And even if the doctrine were administered in Tennessee, your so-called victims would be faced with a difficult burden of refuting evidence that the vehicle was being operated by its legal owner and disproving that the OP had relinquished all legal claims to its ownership. How faced with the terms of the agreement ratified by the OP can it be said that the operator car wasn't its legal owner?

    I don't see a juror or a judge imputing the operator's liability to her. Not under these circumstances.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,152

    Default Re: Husband Sold My Car, Guy Stopped Making Payments, I Still Have the Title, What No

    Re-read what I wrote. I never said she would have no defense if sued nor did I make any comment about any theories of liability that accident victims might have.

    I don't see a juror or a judge imputing the operator's liability to her. Not under these circumstances.
    I agree. But that doesn't prevent the lawsuit from being handed to her nor does it prevent the expense of a lawyer and a defense if she has no liability insurance on the car.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,382

    Default Re: Husband Sold My Car, Guy Stopped Making Payments, I Still Have the Title, What No

    Quote Quoting marxrab
    View Post
    My question involves a consumer law issue in the State of: Tennessee

    So here's the situation I need help with. I hope I'm posting in the right place. I live in Tennessee. My car broke down in 2016 so this car has been sitting dead in my yard until last week. This guy who lives down the street from us asked my husband to buy it for $500 to see if he could fix it up. My husband made a deal with the guy without asking me first for the guy to buy the car. The deal was the guy could pay me in 4 days and if he didn't pay me he had to return the vehicle and he put up the title to his camper as collateral. The deal my husband made allowed the guy to tow my car to his garage to work on it to see if he could get it running before he paid which I know is so stupid of my husband.

    My husband wrote a written agreement that says

    "I, (name of the guy) agree to buy this (insert name of vehicle) Vin # (insert vin) from (insert my name) for $500, which will be paid by August 1, 2020. And if I fail to do so, I will return the vehicle. I am putting up the title of my camper as collateral, so if I do no uphold my end of the bargain or lesser the value of the Rodeo while it is in my possession, (insert my name) has the right to claim ownership of my camper."

    So the guy signed this agreement but I did not. I didn't even read it until today August 5th. I was ticked off my husband made this deal without telling me because this vehicle had a lot of sentimental value and I think he's such an idiot for getting me into this situation. I wasn't crazy about this deal of not getting my cash upfront but after arguing I did allow my husband to say okay to the deal since he'd already agreed to it but I never read or signed the agreement and didn't know the details until today. I trusted my husband in to handle whatever deal they made.

    So the guy didn't show up on August 1st like he said he would to pay. He showed up a few days later with only $80 out of the $500. It's now August 5th and he keeps saying every day he'll come with the full payment and he hasn't. We have a facebook conversation with him where he keeps promising to come pay us. Did a search on him on google and he was arrested for buying a car with counterfeit money then selling that car a few years ago. He also got arrested for stabbing a guy...So my idiot husband got me in a pickle with the wrong guy!

    Also, the guy said someone hit him the other day (the other person's fault) so he's driving an unregistered car in my name. The police took note of that. The guy sent my husband a text picture of some paperwork showing things he's had to appear in court this year for "leaving the scene of an accident, driving an unregistered vehicle, driving on a revoked license, speeding, etc....so this is a guy I don't want driving a car in my name.

    The guy said he'd be by in 2 days with my money but if he doesn't show what then? What do I need to do to protect myself in this situation?

    I still have the title and the tile to the buyers camper. Can I call the cops? Can I repossess the vehicle if I return his title and $80? He lives down the road from me so I know the car is still in his possession. He lives in a camper parked on someone else's property. If he's not going pay me the agreed price by the date stated or returned my car he's in violation of the agreement.
    Some practical advise. Yes, you should have some concern about the buyer operating the car but odds are that the car is not running and/or the buyer only intended the car to be used as a parts car.

  6. #6
    Join Date
    Jul 2018
    Posts
    138

    Default Re: Husband Sold My Car, Guy Stopped Making Payments, I Still Have the Title, What No

    Quote Quoting adjusterjack
    View Post
    Re-read what I wrote. I never said she would have no defense if sued . . . .
    Please don't equivocate! Its unbecoming. You know perfectly well what you intended by the word "nothing" after falsely implying that the OP could be found legally responsible to any such "hit-and-run-victims".

    You also failed to explain to her the benefits of a Rule 11 should she be forced to defend a "yep, it can happen" specious lawsuit brought on by any so-called "hit-and-run-victims".

    Lastly you also know very well that a body cannot obtain personal liability coverage on a vehicle that they do not own. The insured must have an insurable interest. (Same as life insurance.) And here the OP has no insurable interest in the vehicle because she parted ownership to it upon ratifying the Mickey Mouse contract prepared by her husband.

    To the OP:

    "Beware of false knowledge: it is more dangerous than ignorance." (B. Shaw)

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