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My brother in law was down on his luck, so my husband and I decided to sell him our car that we owned. (We have a clear title). We gave him a great deal on the car and only asked for 00. (Half of what the car was worth). We had an orall agreement that we would not sign over the title until the full balance had been paid. He couldnt afford to pay it all upfront so we agreed on 280 dollars a month for 12 months. He payed regularly (for the most part) for 6 months and then just stopped paying because he said "he couldnt afford to pay for it". My brother in law has not attempted to make any kind of payment on the car for 8 months. I feel like he has taken advantage of my husband and I. To date, he owes 1500 dollars on the car. And I am paying his insurance. How do I legally get the car back? Do I have to return to him what he paid on the car if I take it back? My husband and I constantly fight about this. Please help…… This is ruining my marriage.

13 Comments »

1. 

   If you have not signed over the title to him, go to his house and take the freaking car back. You do NOT owe him money. He paid for the vehicle in the months that he drove it. When a bank repossesses a vehicle, they don’t reimburse the owner. The money is lost.

   If you already signed over the title, you need to take him to small claims court. Because the amount was in excess of $500, you should’ve gotten a written contract anyway. I think you might be totally S.O.L. because you failed to follow the law on this transaction.

   Anyway, obviously stop paying this guy’s insurance and don’t feel guilty about being too hard on him. You tried to do something nice for someone. Then they took advantage of you and have thus impacted YOUR MONEY. This isn’t monopoly money, this is money to pay bills, put into retirement accounts, or pay for children’s education. Drop the hammer by getting your car back, stopping his insurance, and refusing to help him in the future.

   The guy is a scumbag. Don’t be taken advantage of.

   Comment by iammaurer — December 1, 2010 @ 6:39 pm

2. 

   First off, the car is in you and your husbands name, so yes, you could go take the car back.
   As far as what the guy paid, well, that can be considered payment of use of the car, for wear and tear. Plus, since you are paying the insurance on it for him, you can say that money was for that.
   You don’t have anything in writting, so he doesn’t really have a leg to stand on, however in some states an oral agreement is a contract, but since he failed to pay his part, the car still belongs to you.

   When you buy a car, you don’t really own it, the bank does, so until you pay off the car, the bank keeps the title. If they take the car back, they won’t send you the money you already put on the car, so the same applies here.

   When you take the car back, make sure you get his keys, and take him off the insurance. Then, learn to never do business with family, it only ends up like this.

   Comment by George P — December 1, 2010 @ 6:39 pm

3. 

   Do you have a key to the car? If you can get the car in your possession and have the title, the brother in law will have little legal recourse. If you have a key, just follow him to kmart, wait until he goes in, and drive off with the car. I would recommend parking it somewhere other than your house and/or booting it if you do, as he has a key to the car as well.

   Further, why are you paying his insurance? As soon as you have posession of the car, take his name off your insurance before you are held financially responsible for his actions.

   Comment by David S — December 1, 2010 @ 6:39 pm

4. 

   If you hold the title it is yours! He has no claim to it and will have a difficult time proving anything, especially if he can only show payments that started consisient (he proved a payment amount by doing this), and then quite for 8 months, and especially if you are paying the insurance! You need to get this back from him. You should ask your husband if he could talk to his brother and tell him that he needs to decide if he wants the car or not, and if so he needs to be making more of an effort to make the payments because it is costing you guys money to keep the insurance up. You may also mention to your husband that if he would have a wreck and hurt someone you guys would be responsible, because you have the insurance and the title.

   We had a similar problem but it was with a friend. We approached it that we were tight on money and needed to get paid…that took caare of the problem and we were paid quickly.

   As ofr the marriage issue, tell your husband that you could offer him half of the money that he has paid, once the cars sells. This way you can recover some of the insurance expense and he will be happy. Just don’t harp on your husband,learn from the mistake it is never a good idea to do business with family and friends.

   Comment by giggles — December 1, 2010 @ 6:39 pm

5. 

   What you do is call up your local repo people and show them that you have the title and that he has not made payments in 8 months. They will have the car repo’d.
   BUT FIRST you should file a law suit against him and if he doesn’t show or if he doesn’t pay, then you can do what I just said.

   Comment by Dark L — December 1, 2010 @ 6:39 pm

6. 

   No offense if this is what it takes to ruin your marriage you have bigger issues than a car. But I suppose little things can become huge.

   Let me guess, you are at your husband about this and he refuses to do anything or says "I’ll handle it". This is causing strife in your family and bad feelings all of the way around. And your husband does not want to deal with the same with his relatives.

   This is all about only $1500? Yes there is a principal involved here but it is really worth it? This is something you husband and he alone should be dealing with and him alone so you should stay out of it……. and let it play out for better or worse.

   For one even though the in-law is insured the fact that you still retain title opens you up to liability if he was in a major accident. Something to think about.

   The money was an oral agreement. So what is your in-law going to do…… go to small claims and argue that he did not uphold his end of the deal but you have to give his money back? Sue his brother? I think not. So you do not have to pay him back. Plus how much did you pay in insurance for over a year in relation to what he paid?

   The car is in your name legally correct? So under the law it is yours and you can have it towed or if you have keys just go get it. Simple as that. After giving your brother in law a deal on the car he did not keep up his end so who in the family could fault you for taking it back.

   You need to make you feelings clear to your husband, calmly and once and for all and then stay out of it. But you should really get the car back.

   Comment by foxhound — December 1, 2010 @ 6:39 pm

7. 

   Here’s what you do: Go to your local police department, title in hand. Tell them the situation and ask them to escort you to go get the car. You do not owe your brother in law any money. When you buy a car from a car dealer, if you don’t make all your payments they will come and reposses the car. They don’t give you any money back, works the same way in this situation. Since you have been paying for his insurance also, I would say you have yourself a case for The Peoples Court lol.

   Comment by Nichole H — December 1, 2010 @ 6:39 pm

8. 

   The rules vary from state to state, so I wouldn’t trust a blanket answer here. You need to speak to an attorney in your jurisdiction.

   But there is a way to do it, and you need to not let this leech take advantage of you.

   Best of luck.

   Comment by edb_us — December 1, 2010 @ 6:39 pm

9. 

   You need to take him to small claims court. He is in violation of an oral agreement and is in default on his payments to you. You legally have the right to the car still. The judge will either order he finish paying off the remaining balance, or return the truck to you. Unless there are more details I dont know about, that is pretty much all that can happen.

   Comment by Ben C — December 1, 2010 @ 6:39 pm

10. 

    Why are you paying his insurance? Stop. That should be a sign you’re not taking it anymore. If the title is in your name let him know you’re not gonna pay tags and taxes when they come up because it’s too much, so, you’ll have to sell the car if he can’t pay it off.

    Comment by Sara — December 1, 2010 @ 6:39 pm

11. 

    if your name is on the title
    go get it

    let HIM take you to court
    to get it "back"

    Comment by ireland — December 1, 2010 @ 6:39 pm

12. 

    I hope this lesson has sunk in – NEVER DO BUSINESS WITH A RELATIVE – EVER!!!

    Yes, you can take the car back. You have the title. If there wasn’t any written agreement you can just go drive it away. It’s your property. If he wants his money back, let him take you to small claims court. I doubt if he would win.

    If he squabbles about the money tell him he had the use of the car for that time period and call it even. He put wear and tear on it after all and you could have sold it during the time period he had it.

    Comment by hushnowjustplayit — December 1, 2010 @ 6:39 pm

13. 

    as long as the car’s title deeds are in your name you can just go take it back. but since he is " family " you might like to repay him a portion (say half ? ?) of what he has already paid ?

    Comment by aunt_webby — December 1, 2010 @ 6:39 pm

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