Los Angeles, CA asked in Divorce and Family Law for California

Q: Private party car purchase, can the seller repo the car I bought 3 years ago without notifying me? What is legal?

Purchased from sister in law, currently serving in Bahrain, had her Fiance orchestrate a repo because she never reported the sale. I'm now divorcing her Sister so they decided I can't have the car, although the car was protected in the ATRO in our Divorce, now I'm without a car, I didn't receive any compensation. I told my spouse & her sister multiple times they can't take the car but they did anyway, what can I do?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: No, the seller cannot legally repossess a vehicle you purchased outright 3 years ago, regardless of whether the sale was properly reported or not. Even if your divorce settlement ordered the car returned, proper notice and legal process would still need to be followed for them to take possession. Their unauthorized seizure of the vehicle you own constitutes theft or illegal conversion. Notify police immediately the car was taken without your consent and provide documentation showing proof of purchase/ownership and sale terms. Also consult a consumer protection attorney regarding sending formal demand the vehicle be returned or you will pursue legal action. What they did was not legal and you have strong grounds to regain possession or receive financial compensation for your losses based on improper repossession of your lawful property.

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