How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask William B. Esq. Your Own Question

William B. Esq.
William B. Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 2959
Experience:  I am a civil litigation attorney with experience representing individuals and businesses.
Type Your Consumer Protection Law Question Here...
William B. Esq. is online now
A new question is answered every 9 seconds

Car Purchase Help

Resolved Question:

In Dec 2012, our son-in-law, who was working for a car dealership asked my husband to co-sign for a car. In the end, my husband ended up signing to buy the car under his name only because our son-in-law's credit is bad. Our son-in-law traded in our daughter's car for this purchase. Her car was also in our name and had a balance owing on it. The person who did the loan paperwork at the car dealership put the wrong payoff on the loan paperwork. The dealership paid off the trade-in car, but then then billed my husband for the difference. Our son-in-law now says the dealership should "unwind" the deal: Take the "new" car back and give my husband back the money for the car that was traded in. Can you give an answer to this?

Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  William B. Esq. replied 11 months ago.

CalAttorney2 : Dear Customer, Thank you for choosing just answer. I would like to assist you today.
CalAttorney2 : The loan agreement was signed between your husband and the dealership is controlling.
Customer:

Thank you

CalAttorney2 : Parties that have signed a written document part and just understood what they signed the time signing.
CalAttorney2 : The situation may however have some exceptions.
CalAttorney2 : If your husband was given an actual misrepresentation of the amount of the loan at the time of signing, That would be grounds for rescission of the loan.
Customer:

I don't believe he was given a misrepresentation of the amount of the loan.

CalAttorney2 : The dealers factual representations Would likely a controlling the situation over FinePrint on a loan document (but remember this is an exception to the primary rule above)
CalAttorney2 : Did your son-in-law give a reason for the dealer to unwind this agreement?
CalAttorney2 : It makes good business sense but I'm not sure that there's legal grounds (Unwinding these contracts. Is very difficult)
Customer:

Did you get my reply?

CalAttorney2 : i do not believe so.
CalAttorney2 : If you would resend it I would appreciate it (if we have problems with this format I can switch us over to our "q&a" function, some browsers have compatibility issues with our chat function.
Customer:

I'm not able to see your replies. can we switch to a different format?

Customer:

Our son-in-law has not made a payment to us for the length of the loan and we are now trying to sell it.

Customer:

Did you get my request to try a different format? I don't believe I'm receiving your replies.

Expert:  William B. Esq. replied 11 months ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  William B. Esq. replied 11 months ago.
CalAttorney2 : Dear Customer, Thank you for choosing just answer. I would like to assist you today.
CalAttorney2 : The loan agreement was signed between your husband and the dealership is controlling. Customer: Thank you
CalAttorney2 : Parties that have signed a written document part and just understood what they signed the time signing.
CalAttorney2 : The situation may however have some exceptions.
CalAttorney2 : If your husband was given an actual misrepresentation of the amount of the loan at the time of signing, That would be grounds for rescission of the loan. Customer: I don't believe he was given a misrepresentation of the amount of the loan.
CalAttorney2 : The dealers factual representations Would likely a controlling the situation over FinePrint on a loan document (but remember this is an exception to the primary rule above)
CalAttorney2 : Did your son-in-law give a reason for the dealer to unwind this agreement?
CalAttorney2 : It makes good business sense but I'm not sure that there's legal grounds (Unwinding these contracts. Is very difficult) Customer: Did you get my reply?
CalAttorney2 : i do not believe so.
CalAttorney2 : If you would resend it I would appreciate it (if we have problems with this format I can switch us over to our "q&a" function, some browsers have compatibility issues with our chat function. Customer: I'm not able to see your replies. can we switch to a different format?
Expert:  William B. Esq. replied 11 months ago.
Your son-in-law's breach of contract with you and your husband does not alter your husband's obligations or duties under the purchase agreement.

(I apologize, I do not mean to be abrupt or rude, I just want to be clear and unambiguous with my statement of the law so that you can plan accordingly).
Expert:  William B. Esq. replied 11 months ago.
If your husband holds title to the vehicle he may sell it, if there is any loan obligation he must pay off that lien during the sale, but there is no restriction or prohibition on sale. If your son-in-law has possession, he must relinquish the car as he is in breach of the agreement with your husband for failure to pay.
William B. Esq., Lawyer
Satisfied Customers: 2959
Experience: I am a civil litigation attorney with experience representing individuals and businesses.
William B. Esq. and 8 other Consumer Protection Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2620
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    1711
    20 years experience in consumer advocacy, debt collection violations, contracts, construction
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    1415
    16 years legal experience including consumer protection law.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    1160
    25 years of private practice
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    1065
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    1023
    Attorney with 14 years experience in various consumer protection areas