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Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 21007
Experience:  30 years experience in general legal matters.
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my husband traded in our 2012 Honda fit for a 2013 Honda fit.

Resolved Question:

my husband traded in our 2012 Honda fit for a 2013 Honda fit. I was on the title for the 2012 fit and have not signed the papers to trade it. the deal for the 2013 fit has the trade in listed as part of the deal. Is the deal valid?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

The contract is still valid, but it is questionable whether the transfer of title on the trade in is valid. That means that you would have a claim against your husband, if he forged your name, and the dealer if they knowingly accepted a forged title.

The dealer, conversely, would still be able to enforce the terms of the agreement against your husband.

In other words, the car purchase is still enforceable, even if the trade in was not valid. The trade in is just a part of the downpayment.

I am sorry. I realize this is not the answer you were hoping for. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's position, but accurately reflects their position under the law. I hate it, but it happens and I ask that you not penalize me for having to deliver less than favorable news.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

JudgeLaw
Loren, Lawyer
Satisfied Customers: 21007
Experience: 30 years experience in general legal matters.
Loren and 6 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your help. I was hoping for a different answer. if we choose not to trade the 2012, would they have to do a new finance offer? At that time, could we choose not to sign the new deal?

Expert:  Loren replied 1 year ago.
Thank you, XXXXX XXXXX following up with me.

They should be willing to work with you to get the sale done, but from a legal standpoint, if you want to change the structure of the deal, the burden is on you to work out terms to be in compliance with the sale contract. In other words, if you want to remove the trade in from the downpayment equation, the dealer would be withing their rights to demand you present the cash equivalent.

I am sorry. I know it is a difficult situation, but the original contract is still enforceable.

JudgeLaw
Loren, Lawyer
Satisfied Customers: 21007
Experience: 30 years experience in general legal matters.
Loren and 6 other Consumer Protection Law Specialists are ready to help you
Expert:  Loren replied 1 year ago.
Thank you, XXXXX XXXXX your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):  http://www.justanswer.com/law/expert-JudgeLaw/
   

Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.

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