Bought a car from a family member

[quincy]

Please explain exactly, under the law, how the contract was invalid at its inception.

Statute of frauds.

 

[HRZ]

How so...the promise to pay the debts of another no doubt must be in writing ...but a oral promise to pay to you a price determined on amount you state is balance owed ?? Not quite the same promise especially upon performance of the terms set forth.

I think partners sister was pulling a fast one...

 

[LdiJ]

Statute of frauds.

That is no explanation. It indicates to me that your personal opinion is that there was fraud involved, but its no explanation.

 

[quincy]

How so...the promise to pay the debts of another no doubt must be in writing ...but a oral promise to pay to you a price determined on amount you state is balance owed ?? Not quite the same promise especially upon performance of the terms set forth.

I think partners sister was pulling a fast one...

Statute of frauds generally applies to contracts with a sales value over $500 or to contracts that cannot be performed in one year or to contracts to guarantee the debt of another.

These contracts must be in writing and signed.

 

[Ohiogal]

I do not necessarily believe that it is a bad idea. The OP has apparently paid the family member the full value of the vehicle and the family member has apparently committed criminal conversion herself since she took the money without doing what was necessary to deliver the title to the OP.

Now, nobody can guarantee that the OP won't just end up without the vehicle and without the money as well, but the OP certainly is not going to go to jail for refusing to just roll over and play dead. Heck, the family member could even just want the vehicle and could be lying about letting it be repo'ed.

This is such dangerous advice. You willing to do op’s time if she is arrested or convicted?

 

[Ohiogal]

That is no explanation. It indicates to me that your personal opinion is that there was fraud involved, but its no explanation.

You are an idiot as you don’t even know what the statute of frauds is. Delete your account.

 

[Ohiogal]

Statute of frauds generally applies to contracts with a sales value over $500 or to contracts that cannot be performed in one year or to contracts to guarantee the debt of another.

These contracts must be in writing.

She is an idiot — LdiJ — and she needs to quit

 

[quincy]

This is such dangerous advice. You willing to do op’s time if she is arrested or convicted?

It was certainly not the smartest advice offered by LdiJ and HRZ in this thread.

It helps to know the law or, at the very least research the law, before offering advice. It is not exactly the goal of this forum to place a poster is a legally precarious position with our advice.

 

[Ohiogal]

It was certainly not the smartest advice offered by LdiJ and HRZ in this thread.

It helps to know the law or, at the very least research the law, before offering advice. It is not exactly the goal of this forum to place a poster is a legally precarious position with our advice.

Hence why I reported LdiJ for her lack of knowledge and illegal advice. She has been her long enough she should know what the statute of frauds states.

 

[Zigner]

Please explain exactly, under the law, how the contract was invalid at its inception.

The seller couldn't enter in to the contract due to the security held by the lender.

 

[quincy]

The seller couldn't enter in to the contract due to the security held by the lender.

You can sell a vehicle when security is held by a lender. Cars (and houses) are often sold this way. But the agreement for such a sale, the contract, must be in writing.

 

[Zigner]

You can sell a vehicle when security is held by a lender. Cars (and houses) are often sold this way. But the agreement for such a sale, the contract, must be in writing.

The contract between the borrower and the lender specifically states that the security can't be encumbered. Cars and houses are sold this way because, concurrent with the sale, the lien holder is paid (or agrees to another scenario, such as an assumption.)

 

[quincy]

The contract between the borrower and the lender specifically states that the security can't be encumbered. Cars and houses are sold this way because, concurrent with the sale, the lien holder is paid (or agrees to another scenario, such as an assumption.)

An agreement to make payments on another's loan to acquire rights in the property once the loan is paid off is not a problem, if the agreement between the parties is in writing and signed.

This agreement does not infringe on the lender's rights to repossess the property if the loan payments are not made.

To complete the sale and receive title to the vehicle, however, the lender must cancel the lien - which it should do once there has been a payoff of the amount owing.