QUESTION

My husband & I bought a car from a friend; he never released the title to us. Then out of no where came & had it towed right out from under us.

Asked on Sep 24th, 2013 on Breach of Contract - Texas
More details to this question:
We have proof of our written agreement, receipts, and proof of insurance. He feels he doesn't have to give us back the car or our $10,000. Seems we can't get help no matter where we turn. Please could someone please help us.
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1 ANSWER

Wills and Estate Planning Attorney serving Sugar Land, TX at Law Offices of Kimberly D. Moss, PLLC
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I need a bit more background information: were you making payments on the car, or did you pay for the car outright for $10,000? Was there an agreement that the title would be placed in your name upon the sale? I'll assume that the you bought the car outright, and the seller suddenly decided to repossess the car. That's definitely a breach of contract and is actionable. The terms of your contract will determine what rights and remedies you have in this situation. The title being still in his name enabled him to have the car towed and returned to him, so that is the primary issue. If you paid the full price for the car, the title should have been signed over. Was there some reason that he could not put the car title in your name? Is he under a financing agreement? Please provide more information if you can. 
Answered on Sep 24th, 2013 at 1:19 PM

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