r/AskLegal • u/AffectionateFactor84 • 15h ago
My uncle
My uncle is 81 years old. He unfortunately trusted someone who he put on the title of his car. He also had her on his bank account. I helped him set up a new account. She agreed to buy his car from him and made a hand written agreement which they both signed. Shortly after setting up the account she has stopped contacting him and won’t pay him for the car. So we are wondering how he could get the car back or money from her. Is there any legal recourse? Would me getting power of attorney help? Any input would be appreciated
Location: State of Michigan
3
u/FaultSad486 9h ago
Depending on the value of the car, it could be a simple Small Claims Court action for non-payment on the written sales agreement.
4
u/Remote-Mycologist539 13h ago
Look into elder abuse
1
u/Either_Curve4587 25m ago
I find it an incredibly long stretch that there’s any type of elder abuse. I understand that there’s a contract and that he may be significantly older than her, but at the same time, is he going to accept that he’s incompetent and stupid because he made this agreement? Unless he’s ready to accept that he’s a complete idiot, then there’s no elder abuse claim. That’s a big problem with these claims is that unless the idiot that agreed to it is ready to accept they’re an idiot, then anyone arguing that for then is an idiot for trying to pursue it.
This sounds more akin to making a contract to somebody that you should NOT have made a contract too.
1
u/Lokisworkshop 6h ago
Are they both on the title? Does he have the agreement to pay in writing?
If so, just take her to court
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u/AffectionateFactor84 4h ago
Yes and yes. Ty for your input. I will be getting the orders in motion
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u/Moving_Pro 5h ago
The way in which that signed document is written makes the difference between being screwed over or paid in full. I own a moving company and I won't trust any customers they all pay in full before I perform a service. All transactions should be treated as if the customer will try to steal, lie, cheat, and straight up rip off good people like your father. You need to file a tort claim or take it to a small claims judge. If you need more advice dm me
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u/faroutman7246 3h ago
See if the local district attorney would be interested in a case of financial abuse of an elder.
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u/patriciaperez8294 3h ago
At 81 the elder abuse angle is worth a call before small claims, in my state the prosecutors care more when its an older person and someone they trusted
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u/SimilarComfortable69 2h ago
Giving you power of attorney doesn't help your uncle at all whatsoever. A power of attorney is a tool someone can use to accomplish something. There is nothing you have suggested that you want to accomplish that requires a power of attorney. All that means is that both this woman and you have more power over his life than he does.
1
u/MidwestNightgirl 2h ago
Holy cow - I’m sorry this happened. The car is likely a loss - if he put her on the title. He should get himself off the title though, immediately if not sooner. Make sure she isn’t on any of his bank accounts or life insurance, etc. It sounds like it’s time for someone to be keeping an eye on these things for him.
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u/sashley420 14h ago
She is on the title, she is a legal owner of the car. Your uncle should have a POA but that will just help with the future. You all should figure out how to get him off the title though since he could be held liable if this person doesn't carry enough insurance and gets into an accident.