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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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I had a car that was leased through BMW finanical services.

Customer Question

Hello. I had a car that was leased through BMW finanical services. I worked with BMW to have the lease assumed by another indivdual. The assumption was completed and approved through BMW. The assumptee relocated and wanted his parents to pick up the vehicle and utilize my liscnese plates (for which I originally agreed). I then found out that should he commit a crime or get in an accident with my plates that I would be liable. Upon this discovery I told him that he would need to get his own plates. He is now threatening to sue me stating that I failed to release the vehicle as originally agreeded upon. Does he have legal grounds?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

While you are technically in breach of contract, this particular term is unenforceable as it is illegal.

The vehicle owner must get their own title to the vehicle (and their own plates).
The illegal portions of the contract must be disregarded and the remainder of the contract enforced.

You do not give the state you are in, but you simply need to go to the DMV for your state and complete a transfer of ownership for the vehicle. The buyer (the one assuming the lease) needs to sign. There will be a fee for this, the two of you can work out who pays for this fee.

Customer: replied 1 year ago.
Thank you. Since this was a lease and BMW holds the title am I still responsible for completing a transfer of ownership?
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
I am in NY
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer, I do not provide telephone calls - my hourly rate is far in excess of the small fee charged for this "Q&A" session, and I do not wish to provide the impression that we have an attorney/client relationship through this forum. If you desire a phone call, you can post a second question and post in the initial question that you are looking for "Additional Services" and another expert will provide you with an offer giving their fee for this additional service and additional instructions.

Expert:  CalAttorney2 replied 1 year ago.

Yes, you still need to do the transfer with the DMV, if you do not do this, you are still going to have the liability issues you noted in your original question.

Expert:  CalAttorney2 replied 1 year ago.

You will need to contact the NY DMV directly to get the proper forms for transferring the lease title mid-lease.

The information I found readily available was for either transfer of a vehicle that was owned, or for an initial lease vehicle (http://dmv.ny.gov/registration/register-leased-vehicle), but they can assist you (you will likely need to complete an affidavit).

It is a simple process, but you must do it - you do not want to be listed as the registered "owner" of the vehicle if you no longer have an ownership interest in it.

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