A young lady (25) decided to leave her husband and signed a lease with my son (23). Then she said she needed a car. My son wrote a check for a used car for her. She is listed as the only buyer and transferee. She even put her own insurance on the car. A different company from the one we use. He is not listed as the owner on any of the paperwork. Then she decided to stay with her husband. I immediately told my son to stop payment on the check. Which he did.Now the used car lot wants to get after my son, who is not the owner. I would appreciate suggestions on what we/I should do.Thank you for your time.
State/Country relating to question: Kentucky
Tried to talk with the manager of the car lot to return the car. He says my son has til 5:00 p.m. 7/10/12 to straighten this out.
He did not set out to defraud this company and he was lucky enough to get a male roommate to help with his rent.
Hello,Thank you for using JA..I hate to give bad news, but legally it would appear as though son gifted the car to this woman and agreed to pay for it. Since he put it in her name solely, she would be the owner, although he would be on the hook for paying for the vehicle. If he does not make the check good, the seller would have the right to pursue him civilly for repayment and any damages they have suffered. I don't believe it could be charged criminally with fraud or theft by deception as there was no intent to defraud and presumably there were sufficient funds in his account to cover the check when it was written..His recourse would be to attempt to sue the woman for repayment if the car was essentially loaned to her and not a gift..
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