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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34832
Experience:  Attorney,16 years experience in consumer protection areas
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I have a verbal contract to buy a vehicle. I have paid

Customer Question

I have a verbal contract to buy a vehicle. I have paid $5,000.00, and owe 6,500.00. The person selling the vehicle wants it back now. He will not pay me any money back. I am afraid he will take the vehicle. The title is in his name. Is there anything I can do? Can he do this?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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You are entirely correct that an oral contract is just as legally binding as long as there is an offer, (i.e. to sell the vehicle) an acceptance (i.e. sure, I will buy it) and then some consideration (i.e. you paid money for it).

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So you are considered the "equitable owner" if not legal title owner, if the agreement was that it would stay in the seller's name until it was paid off.

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So if the seller tries to repo the vehicle, and you are not in default on your agreement for payments, then you can sue him for breach of contract in court and have a judge order him to continue on with the contract.

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thanks

Barrister