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Can they really take the vehicle and sale it to another person after we signed papers for it??

De Graff, OH |

My husband and I were in a car accident last Sun. The insurance is giving us money well it wont be in for a couple of days and we told them this at the car dealer and they said it was fine. Well i signed all the papers and have the manuals and all and now they are saying they cant wait 5-10 days for our insurance. so can they really sale it after we have signed. We were not able to put any money down on that but they said that was fine bc we were waiting on the insurance and we could pay them cash. But they weren;t getting the money they wanted out of it and i think that was some of it.

Attorney Answers 4


  1. What did you sign? You mention that the car dealer isn't "getting the money they wanted out of it", which implies that you probably did not actually sign a contract. Most automobile contracts from a dealer would be for a set amount....not for an indeterminate amount from an insurance company. In most states you will pay a transfer/sales tax on the vehicle when you attempt to transfer it, based on the purchase price, and you would owe that as well. If you DO have an actual contract to purchase the vehicle for "whatever the insurance company pays on my total-loss vehicle" then you should talk with an attorney in your area.about enforcing the contract, as it sounds like the dealer may have made themselves a bad deal.

    Sending an email or posting a question does not constitute legal advice or create an attorney client privilege. The comments and opinions expressed in Kevin Monsour's comments are intended for informational purposes only and do not constitute legal advice. Reading or using the information in this blog does not create the existence of an attorney-client privilege. Due to the changing nature of the law, the blog posts may contain dated material. For an update on the current law and the application of the law to your particular facts and circumstances, consult a legal advisor. The information contained herein is not a substitute for obtaining legal advice from a qualified attorney licensed in your state.


  2. This is a contract question, rather than one dealing with personal injury or negligence, even though you are attempting to use monies that your automob ile insurance carrier is going to give you as a result of your car being totaled in an accident. If you have no written agreement with the Dealer, then there is really nothing to bind him and therefore, as a practical matter, nothing to prevent him from selling the car to someone else. Frankly, as pointed out by the other responder, the arrangement you describe seems unusual.


  3. You need to consult an attorney with all of the facts and paperwork you have received and let them investigate and advise you. There are many issues to consider and that being said a more in depth look at what is going on is necessary before I can advise.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  4. What did you sign? Have a local lawyer review.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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