QUESTION

Buyer selling car outside of contract. Improperly filed lein on title

Asked on Aug 26th, 2020 on Civil Litigation - Montana
More details to this question:
I sold my car to my wifes nephew under a notorized contract. In good faith input the title in his name he was saying he needed the title in his name to get plates Without paying but two payments he is trying to sell the vehicle. The contract states he is liable for vehicle as well as any and all fees including attorney fees. Do i have a case?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
I don't see anything in your explanation which would bar him from selling the vehicle.  Of course, he remains liable for payments, and if you had provided for a lien on the car in your contract of sale the buyer would take subject to the lien, but that doesn't mean that you wife's rnephew can't sell the car. 
Answered on Aug 26th, 2020 at 2:15 PM

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