Verbal breach of contract

[Kristenlynn]

What is the name of your state (only U.S. law)? I live in ohio. I was buying a truck from a friend who only had it for a few months but had gotten a loan to get it he decided he no longer wanted it. But i needed a vehicle our verbal agreement was I was to pay him and he was to continue on his loan and do this until loan paid off I paid him every month for 3 years with four payments left he sent me a message reminding me of my due date which was in two days. But later that same day showed up with police and took the truck back stating I was not paying I have messages to prove I paid and messages to prove they took it early but most of my evidence is through text messaging is that strong enough. Or any advice that may help.

 

[quincy]

What is the name of your state (only U.S. law)? I live in ohio. I was buying a truck from a friend who only had it for a few months but had gotten a loan to get it he decided he no longer wanted it. But i needed a vehicle our verbal agreement was I was to pay him and he was to continue on his loan and do this until loan paid off I paid him every month for 3 years with four payments left he sent me a message reminding me of my due date which was in two days. But later that same day showed up with police and took the truck back stating I was not paying I have messages to prove I paid and messages to prove they took it early but most of my evidence is through text messaging is that strong enough. Or any advice that may help.

That was a real crappy thing for your "friend" to do, if the understanding between you was that you would own the truck once the loan was paid off. It is too bad you do not have that agreement in writing.

If he is the one named on the car loan and title, you have essentially leased the truck from him for three years. It is his. Sorry.

 

[Kristenlynn]

I do have text message were it is talked about when he is going to put it in my name. I have a lot of evidence through text messaging is that good to have.

 

[Kristenlynn]

We went back and forth through text after he took it. He admits he took it because he didn't think i had my payment i said i did so bring it back and he still said no. I think he didn't want to admit wrong so he says pay 1480 in full and he will give me my title. Of course i didn't agree to that. His plates run out at end of month i really wanted my truck back so he agreed to take the 480 but if i didn't pay the 1000 by the time plates done it would sit till paid off. So i agreed and he says what time can meet up today i said well i cant today it was already 3p then he says if not today then forget it im just gonna sell it. But i have a lot of messages that he has sent .

 

[quincy]

I do have text message were it is talked about when he is going to put it in my name. I have a lot of evidence through text messaging is that good to have.

Your agreement really needed to be in writing, Kristenlynn.

In many (most?) states, any promise to pay someone else's loan needs to be in writing and any promise that takes over a year to fulfill needs to be in writing. I am not sure that piecing together assorted text messages will be enough to prove you and your friend had a firm written contract.

Sorry. It sounds as if you leased a truck for three years. Time to get a new car (and a new friend).

 

[Kristenlynn]

Ok thank you for your advice. It really wasn't what i wanted to hear but im still going to try. I believe if presented in a neat and organized way through our messages and not just looking through phones i can be proven right considering he has nothing in writing that states otherwise.

 

[Kristenlynn]

And yes definitely not friends anymore!

 

[quincy]

And yes definitely not friends anymore!

Not surprising.

Here is a link to the relevant law in Ohio: http://codes.ohio.gov/orc/1335.05v1

 

[Kristenlynn]

Thank u for your time and the link. Maybe i will get a better understanding of what i need.

 

[quincy]

Thank u for your time and the link. Maybe i will get a better understanding of what i need.

I wish you good luck.

 

[Kristenlynn]

Thanks again i actually learned about about what im facing and i started with ur link that i didn't know.

 

[quincy]

Thanks again i actually learned about about what im facing and i started with ur link that i didn't know.

One additional problem you will find with the text messages is there is no signature.

Perhaps you can bluff your way into having your ex-friend honor his oral agreement and sign over the title to you. Doubtful, perhaps, but maybe worth a shot. I don't see you faring well in court.

I suggest you find another vehicle to purchase. If you purchase on contract, be sure to read and understand all terms before signing.

 

[HRZ]

ABsent a valid title in your hands signed over to you with no liens you are still looking a big problem even if this ex friend has a written deal witnessed by the Pope and 14 saints if the friend fails to carry thru .

 

[quincy]

ABsent a valid title in your hands signed over to you with no liens you are still looking a big problem even if this ex friend has a written deal witnessed by the Pope and 14 saints if the friend fails to carry thru .

Not really. A written and signed contract is enough to show the sale of a vehicle.

 

[latigo]

. . . If he is the one named on the car loan and title, you have essentially leased the truck from him for three years. It is his. Sorry.

Déjà vu!

Here again the OP is being shortsightedly told that whereas his erstwhile "friend" can readily prove that the OP's continuous possession of the truck for three years and his payment of the loan installments was because of a verbal lease agreement. . . .

Whereas the OP is incapable of proving that the verbal agreement was not a lease but a purchase agreement - the purchase price deferred in the form of the loan installments - with the title to be endorsed over upon satisfaction of the loan. (The performance of which, incidentally removes it from any applicable statute of frauds.)

AND thus thoughtlessly denying the OP his equitable remedy of procuring a court order imposing a constructive trust upon the title and ordering the "friend" to endorse it over as agreed.