Legal Question in Intellectual Property in California

transfer of ownership

i made an agreement with someone i know to buy a jet ski for a $1000 dollars, so i wrote her a check for $500 of that at the time and agreed to pay the other $500 when she completes the registration and gets the paperwork in order since it had not been registered since 2005. i later found out that she aquired the ski in her divorce settlement so its still in her ex-husbands name and he never finished paying off the loan from when he bought it new in 1992 from kawasaki. DMV says that in order to get a fresh title for it they require a release from the lending company he financed it through. but they arent in buisness anymore. What legal paths can i take to (A) get my money back? or (B)complete the transfer of ownership to me? Do i go after the ex-husband since its in his name or do i go after her?


Asked on 9/21/07, 7:42 pm

3 Answers from Attorneys
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: transfer of ownership

This seems like a case for small claims court if the seller does not comply with the terms of your agreement. You would sue the seller for your damages ($500).

Hiring a lawyer will eat up much, if not all, of your $500 expenditure. Thus, I would recommend you pursue this matter on your own and in small claims. You might begin by writing a demand letter explaining your position and demanding return of your $500. Should that fail, go to the small claims court in the county in which the seller resides, and file there.

Good luck.

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Answered on 9/21/07, 7:49 pm
Gordon Firemark Law Offices of Gordon P. Firemark

Re: transfer of ownership

Ask her for the money back... since she doesn't have clear title, she can't lawfully sell it to you.

She also failed to disclose the status of the loan (and the likelihood of a lien on the title to the vehicle), so you should have no trouble getting the transaction to be unwound.

If she doesn't pay... take her to small claims court.

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Answered on 9/21/07, 11:59 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: transfer of ownership

Both prior answers are useful. I would add that if you do not already have physical possession of this contraption, you might want to write it off as a mistake and not spend a lot of your valuable time trying to recoup $500 in the courts.

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Answered on 9/22/07, 1:14 am


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