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Question
Hello,
We had sold my husband camero to his friend's girlfriend and the original agreement was for 2500, but my husband let them take it after they paid 1000 and wrote them a bill of sale just in case they got pulled over or what not. My husband did not sign the title over to them. They kept the car for about a month and a half, then notified us that there was something wrong with it,(that wasnt going on before), and didnt want it anymore. Well my husband told them that he was going to have to wait until he resold the car and then he would give them the cash back. They are now threatening to take us to court because they have the bill of sale and the check stub. My question is: Can they sue us? My thinking is that we were nice enough to agree to pay them back when they didnt want the car after they messed around and did something wrong with it.
Hi Meagan,
The best way to lose friends is to do business with them. You have a situation that is not unique and it happens quite often.
Your husband should have never wrote them a bill of sale for the whole amount. Now, I have been burned like this from my brother and others. My brother owed me $1,000.00 for the car. He took it, used it and then sold it. His thinking was since he no longer had the car, he didn't owe me the money. This created some very bad feelings and has gone back 20 years.
The bigger problem here is how were these people insured? Was that through your insurance company? You state you still have the title, which means to me the car is still registered to you. Do you not realize that anything that happens with that car out oif your control is your responsibility? Parking tickets etc.
If these people are into drugs and get busted, your car is confiscated.
Look I am not telling you this was a bone headed thing to do. It just sounds like your husband and you were naive and trusted these "friends." These people from how you describe it are in my opinion are slime and don't deserve you as friends.
If they go to sue you, it might be interesting, because the question would come up; why is it you have the title and it wasn't transferred?
I can not tell you the legal remedies because I am not a lawyer and cannot give legal advice.
I would suggest however that you write me at robo14@aol.com and I might have some suggestions that I don't want to air publicly.
Rob
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Answers by Expert:
Rob Painter, Ase, CFEI, CAFATE
Expertise
Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.
Experience
Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.
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