Louisville, KY asked in Gov & Administrative Law for Kentucky

Q: Can I repossess a car I sold 3 years ago if the buyer failed to transfer the title

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I understand you're in a difficult situation, but unfortunately you can't legally repossess the car, even though the buyer failed to transfer the title. Here's some key information about your situation:

- Once you sold the car, ownership transferred to the buyer, regardless of whether they completed the title transfer paperwork. You no longer have a legal ownership claim to the vehicle.

- In most states, including Kentucky, it is the buyer's responsibility to transfer the title after purchasing a used car from a private party. The seller isn't liable for the buyer's failure to do so.

- Your main risk is if the buyer abandons the car or gets into legal trouble with it - since your name is still on the title, you could face liability issues.

- At this point, 3 years later, your best option is to file a Vehicle Transfer Notification form with the Kentucky Transportation Cabinet. This will document that you sold the vehicle on a certain date.

- If you have a Bill of Sale from when you sold the car, provide a copy of that as well. This helps prove you are no longer the owner.

- Keep copies of the form and Bill of Sale for your records in case any issues arise in the future regarding this vehicle.

I know it's frustrating that the buyer didn't follow through on their responsibility, but repossessing the car would be illegal. Filing that notification form is the way to protect yourself. If any complications come up, consult with a lawyer familiar with Kentucky vehicle laws for personalized legal guidance. I hope this helps provide some clarity and direction for your situation.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.