Gettysburg, PA asked in Small Claims, Bankruptcy, Contracts and Civil Rights for Pennsylvania

Q: Co-buyers rights after a repossession and auction of said vehicle

I had a vehicle. While it was in my possession I made payments. When the vehicle was obtained by the buyer he stopped payments and would not return the car to me (co-buyer). I made many attempts to get the car back. I made a couple attempts to get the buyer to refinance. I was in constant contact with the bank and repo company to ascertain the general location of the car for a repossession. There is an outstanding bill AFTER the auction to another buyer. What are my rights if the original buyer kept me from obtaining the vehicle, denied my request to refinance, and the buyer stopped the payments which ultimately lead to the repossession and auction?

2 Lawyer Answers

W. J. Winterstein Jr.

  • Bankruptcy Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: The optimum time to seek legal advice is before a contemplated deal, like transfer of an asset, is done, not after.

With your payments toward the vehicle, and your "co-buyer's" lack of payments, you were legally entitled to claim the lion's share of the equity in the vehicle. Obviously, there is none of that.

At this point, depending upon what your conveyancing (transfer) agreements say (they should have been reduced to writing), you may have a right to demand payment of your provable losses against your non-paying co-buyer.

Timothy Denison agrees with this answer

Timothy Denison

  • Bankruptcy Lawyer
  • Louisville, KY

A: Sue your non-paying co-buyer.

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