What would you have said 2

mb58 · Oct 30, 2015

After reading the post below, I have a similar question. A young man that I work with told me he had bought a car from his uncle and had a bill of sale for it, but never got the title changed into his name. He hadn't even gotten hold of the car when his uncle died suddenly. Now his aunt won't let him have the car even though she acknowledges the fact that he bought it and has the bill of sale. She told him he could have it if he gave her $500. He refuses because he says, "I've already paid for it once." This is in Louisiana. Anyone know who has the "rights" in this situation?
I have no dog in this hunt. I'm just curious.

JRSutton · Oct 30, 2015

if the owner signed the bill of sale, then she either owes him the car or at least his money back.

Small claims court will answer that - and they'll side very heavily with the person with a signed bill of sale.

Bob · Oct 30, 2015

Once again, that reinforces what another poster said in the other thread... when there's something for sale that interests you go to look at it with the funds to pay for it and the means to take it with you, and have the title in hand (if applicable) upon leaving with it.

If it's titled and the title is not immediately available MOVE ON, taking your $$$ with you.

ss55 · Oct 30, 2015

Legally, I think the aunt is pressing her luck. Myself, if my aunt was recently widowed with medical bills to pay, I'd give her the extra $500.

ditchwitch · Oct 30, 2015

I would tell her to pound sand and get a lawyer. He has the bill of sell that im sure dates back to before the man died. Actually a no brainer.

JRSutton · Oct 30, 2015

yes you're CRAZY if you don't exchange the title for the cash. The title IS the car. Even if you take the car, you don't own it till you've got the title in your name.

Technically, in MA anyways, I believe it's illegal to sell a car without having the title available and transferred to the buyer at the time of sale - (though even dealers ignore this at times, it's not heavily enforced - but it's still the law).

Anyways, in this case the buyer should at least be able to get his money back, if not the car itself. Hopefully the bill of sale was written properly with the dollar amount on it - and signed by the seller.

Hopefully just the threat of small claims court will be enough to resolve the issue with the aunt. You hate to get into that with family, but it's really her choice.

4520BW · Oct 30, 2015

Blood is thicker than water but money is thicker than blood!

Super Steve · Oct 30, 2015

are we talking a $500 car or a $20,000+ car?

GordoSD · Oct 30, 2015

Go to the local Sheriffs office. Show him the BOS. Ask him to accompany you when you go to pick up the tractor. He will prevent the aunt from hindering you.

JerryS · Oct 30, 2015

A justice of the peace might be able to handle this, depending upon the quality of the JP court in your parish (Ouachita?)

JOCCO · Oct 30, 2015

ONE ISSUE: Louisiana uses a different legal system than much of the country so this may be unique. I have no dog in this hunt nor am I a barrister of there legal system!!!

Traditional Farmer · Oct 30, 2015

Its like land the the name on the title/deed is the legal owner until proved otherwise
in court.

LAA · Oct 30, 2015

Normally the seller keeps the notarized bill of sale so if the Nephew only has a copy he may not have much luck, otherwise, in Louisiana, if he has a notarized bill of sale he owns the vehicle, he may have to apply for a lost title if his Aunt refuses to Give him the title but the title should have been filled out on the back and wtnessed and notarized at the same time, the buyer should have had the notarized title but the law is clear that the notarized bill of sale is an accepted substitute for the title.

The Sheriffs department ought to take him to get the vehicle, it is very similar to a divorce case where one side does not want the other one to have their own property, the Sheriffs department is obligated to let you collect your rightful property without getting shot. It will get a little trickier if they live in different Parishes but if the Aunt and the Nephew live in the same Parish it should be fairly cut and dried.

Ray · Oct 30, 2015

I wouldn't think a bill of sale would mean anything. It's what's on the title that counts. It would have been just as easy to transfer the title, why even have a bill of sale?

MarkB_MI · Oct 30, 2015

Not enough info; you have only one side of the story.

Was the uncle in sound mind such that he could enter into a sale? For that matter, is the aunt all there?

In whose name was the title? Uncle? Aunt? Uncle & aunt? or maybe a business entity?

Did he pay something close to fair market value for it? If he got a good deal on it, he might still be money ahead to give her the 500 bucks rather than go to court. And if it's a clunker for which he paid fifty bucks, it may be best to let it go.

What does "he never got the title changed to his name" actually mean? Does he have a signed title in hand, an unsigned title or no title at all? Why didn't he insist on getting the title when he bought the thing?

This may be a case where possession is truly nine-tenths of the law. And if his aunt's name is on the title, a bill of sale signed only by his uncle doesn't mean squat. That bill of sale better be dated prior to the uncle's death or it's worthless.

What would you have said 2

mb58

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JRSutton

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Bob

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ss55

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ditchwitch

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JRSutton

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4520BW

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Super Steve

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GordoSD

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JerryS

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JOCCO

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Traditional Farmer

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LAA

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Ray

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MarkB_MI

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