Claremore, OK asked in Civil Litigation, Contracts, Consumer Law and Criminal Law for Oklahoma

Q: If person buying a car gives you a small amount to hold the car, then doesn't pay the full price did u legally sell it

okay guy wanted to buy an old pickup we had, we agreed to a purchase and he gave me $100 to hold it while he got the money. Instead he came back and just took the truck. I still have the title he did no paperwork. The police said that he didn't steal the car I sold it to him for $100. That anytime money changes hands over a car regardless of the amount it it is a Legal sale in Oklahoma.

1 Lawyer Answer
David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: It appears you have a few issues that must be addressed. One is whether a crime was committed - which if so the police could enter the vehicle as stolen in the national database. Another is whether you had a valid contract with the purchaser. Third, is whether an actual sale of the vehicle occurred. I would suggest you contact an attorney immediately to work through these issues. Dealing with the police after an office has already indicated that no crime was committed, would be best handled by an attorney. While the police officer may be of the opinion that no crime occurred, the officer's statement regarding what constitutes a sale is really something the officer should have completely avoided. Generally speaking, one is required to transfer title to a vehicle when it is sold. A seller who refuses may be in breach of a contract, because without the title, the vehicle will remain in the seller's name and the purchaser will be precluded from legally selling the vehicle or otherwise transferring ownership. If, in your situation, where the seller claims no sale occurred or that the purchaser did not pay the agreed upon price for the vehicle, the seller may be able to seek relief through the courts to have the vehicle returned or to obtain a monetary judgment for the remaining amount due. Again, I would recommend you speak to an attorney to assess all options you may have.

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.