Belleville, AR asked in Gov & Administrative Law for North Carolina

Q: What can I do if I gifted a car and the new owner does not transfer the title and sells the car?

After the car was gifted new owner did not transfer title and sold the car to another person. What can I do?

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: If you gifted a car and the new owner did not transfer the title before selling it, this can create a complicated situation. In North Carolina, the responsibility to transfer the title typically lies with the new owner. If they fail to do so and then sell the car, it can lead to legal and financial complications, especially if there are issues with the car or its use after the transfer.

First, ensure you have proof of the gifting transaction, such as a bill of sale or gift letter, and any communication regarding the transfer of the title. This documentation can be crucial if there are any legal disputes or issues with the vehicle that could potentially come back to you.

You may consider contacting the North Carolina Division of Motor Vehicles (DMV) to inform them of the situation. They can provide guidance on any steps you might need to take to protect yourself and may note the transfer in their records.

If there are legal issues arising from the new owner's failure to transfer the title, such as parking tickets or accidents associated with the vehicle, you might need to seek legal advice. An attorney can help you navigate the situation, address any liabilities, and take action to protect your interests.

Remember, when gifting a vehicle, it's always advisable to complete the title transfer process with the recipient to avoid such complications. This helps ensure all legal and financial responsibilities are properly transferred to the new owner.

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.