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Can a vehicle be repossessed without notification when the buyer has proof of insurance, title, bill of sale and key?

Saint Louis, MO |

We purchased a used truck. Seller repossessed 13 days later no notification. At time of pickup reason given: breach of contract; seller assumed buyer did not have full coverage and seller not listed as lien holder. On the same day we provided proof of full insurance; by next day the seller was listed as the lien holder. The seller has had the truck for 5 days and will not give truck back or return calls. Also, truck has multiple safety issues. It was the day after we made the seller aware of the issues that the truck was repossessed. Do we have any legal recourse? Seller has pulled the battery and disconnected wires to make sure we cannot get the truck. We do not trust that other parts of engine have not been tampered with. Seller is a business not individual

Attorney Answers 1


It's going to be extremely difficult for anyone to know what rights (and remedies) you or the seller had under the contract between the two of you without reading the contract first. That said, this situation seems shady to me, and if I were you, I'd expect either my money back or the truck returned -- it seems wrong that the seller is keeping both.

If I were you, I'd contact a lemon lawyer, property lawyer, or contracts lawyer in St. Louis and have a chat. If the seller doesn't return your calls, I'm betting he returns the calls of a lawyer lickety split, especially if you have a case. Most here on avvo offer 30-minute consultations for free, so use the search feature and find one you like.

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I can be reached at (913) 735-9320. These answers do not constitute legal advice, because legal advice is paid for. These answers are, instead, practical suggestions for dealing with legal problems, and provided for informational purposes as a free public service. Any reliance thereupon is at your sole risk. Since suggestions to legal questions are usually fact-dependent; my answers are general and based on the facts as you describe them and necessarily includes assumptions. More specific answers can be provided only after researching the appropriate law and a comprehensive consultation in which all relevant facts are disclosed. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Until both a retainer agreement is executed and we have a consultation, I am not your lawyer and you are not my client. Moreover, I cannot be your attorney unless you are located in Missouri, the only state in which I am licensed. If you are not in Missouri, please consult an attorney in your state for assistance, as my advice may be incorrect or incomplete.

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