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can my ex-boyfriend who is in jail and gave me power of attorney sell his car without my authorization
Baytown, TX
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Posted 11 months ago in Power Of Attorney
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power of attorney and vehicles:
my ex boyfriend had given me power of attorney over his estate. It is notorized and he signed it. He did this because we were together at the time and he had broken parole so he knew he was going back to jail. We hadn't been seeing each other for awhile and he called me and told me he had been arrested and was going back to jail. His car was impounded and the power of attorney was still good if i wanted to go and get it for me and our daughter. I went and got the car but i had to put the tiltle in my name. I have the title and it is legally in my name. He is mad at me because I dont want anything to do with him and wont take my daughter to the jail. So now he is trying to sell the car to a cellmates mother. Can he do that to me legally?
Answers (2)
Barry J. Dubrow
This attorney is licensed in Pennsylvania.
Posted 11 months ago.
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Ownership always follows the title. Not merely possession of title, but the name on the title. Moreover, only the owner (or the owner's agent designated through a power of attorney) can sell the car.
In other words, if you properly transferred title previously, then it is yours. A person cannot sell what he doesn't own -- well, he can try, but the buyer must beware that he's been scammed. Remember the old joke about the Brooklyn Bridge -- "if you believe that, I've got a bridge to sell you?" So check the title papers and if you're on them and won't be threatened to give the vehicle back, then you're fine. If you're not on them, then you may want to consult a local attorney about when the gift was completed or rescinded and whether you may still go ahead and change title. Good luck and drive safely.
Patricia Elizabeth Fox
This attorney is licensed in California.
Posted 11 months ago.
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He could but under these circumstances title would be clouded. Depending upon the value of the car, the legal fight might not be worth the expense.
Talk with a local lawyer for the best relevant advise. Good Luck. |
