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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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How can I voluntarily return my car to a finance company?

Customer Question

How can I voluntarily return my car to a finance company?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

Before I answer can you let me know if you have a conditional sales agreement with them?

Customer: replied 1 year ago.
It is a Financing Agreement
Expert:  Legal Ease replied 1 year ago.

Some financing agreements are conditional sales agreements. If you do have a conditional sales agreement you can simply return the car and the matter is done.

However , if this is not a conditional sales agreement you should know that voluntarily giving the car back to the financing company is not going to assist you in getting off the hook. The financing company can both accept the car and also sue you for the difference. If you were thinking that you are protected because the financing company cannot both seize the car and sue you then you are not correct. That is not the case in Alberta. It is only the case when there is a conditional sales agreement.

If you do want to give the car back I suggest you contact them and simply say you are unable to make the payments and there is no need for them to send someone to repossess it as you will voluntarily handed over.

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