Tips on Buying Cars: Do I legally have to give the car back, complicated question, lienholder

Question
QUESTION: When my husband and I signed the title as buyers,she never had the car in her name nor anywhere on that title,Do I have to legally give it back or is the car mine.

ANSWER: Christina,

Thanks for your question.  That is a complicated question.  If the original buyer never signed the title signing it over, then yes, you do not have a completed title.  However, if the title is signed by the seller, and you signed it as the seller, then no you legally own the car.  You need to get it transferred into your name to finalize it legally with the state, but you can do that pretty quickly.  I don't know what the basis of your question is, but that is the law.

Hope this helped.

Thanks - JB

---------- FOLLOW-UP ----------

QUESTION: Basically this lady that I am buying the car from, gave us the title signed it as a lein holder but never signed it or had it in her name to begin with and now wants the car back even though we signed our names under the buyers part. Do we give it back? or keep it and let her take us to court.


Answer
Christina,

Thanks for the additional information on your question.  You are in a tough spot.  If you had her sign a sellers agreement, or purchase agreement, then I would say yes you can take her to court.  However, if all you have is the title to the vehicle and she signed the title as the lienholder, not as the seller, then you are in a tough spot. You can let her take you to court, and you MIGHT win, and you MIGHT not.  I am always an advocate of trying to find a solution without going to court.  It just cost to much these days and takes to much time to go to court without a sure victory.  Now, if you can prove that you paid her for the vehicle, and all of that, and you want to try court, then you have a 50/50 shot.  Its always difficult to determine which way the judge will rule, and without knowing all of the circumstances as to why she wants the car back, I just can't give you a definite answer as to how successful you would be in court, and even with that information, it would simply be a guess.  It really all boils down to if the transaction was completed, and if it was completed legally.

Hope this helps some more.

Thanks - JB