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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101445
Experience:  Lawyer
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I am in a verbal agreement with my biological father

Customer Question

I am in a verbal agreement with my biological father for paying for a car where the loan is in his name and he is the one on the contract and insurance. The car was involved in a small accident and it is being paid for and fixed. He was furious with me and is now making my life hell. Harassing me about our payment agreement and changing it. And has said if i dont make the payments he will take the car back. I would like to just give him the car back and get my own loan as i cannot get one for this car. What are my options? Can i give the car back without being penalized in any way legally?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
Is the car in his name as well? You mention the loan and the insurance but I need to know the actual car is in his name.
Customer: replied 1 year ago.
Yes it is
Customer: replied 1 year ago.
There is nothing in my name
Expert:  Debra replied 1 year ago.
Then as between you and the dealer or financing company there are no legal ramifications because as far as all of these third parties are concerned the car is owned and paid for by your father.However, it is possible that your father would consider suing you for breaching your agreement with him. At the same time, from what I've understood from you, it is your father that has already breached the agreement andso you want out because he has essentially breached the agreement to such an extent that you want to consider the agreement as ended. There is no guarantee about what a court will decide. If you can prove to the court that your father's breaches of the agreement are material then you would likely succeed.Does that help?
Customer: replied 1 year ago.
Would this be something to be used a proof of change of agreement
Expert:  Debra replied 1 year ago.
So he agreed to let you pay after pay day but then changed his mind?
Customer: replied 1 year ago.
Yes we had agreed i could pay on payday and he then changed and said i was behind a bunch of payments because im paying late every week. When i am paying on payday as originally agreed
Expert:  Debra replied 1 year ago.
That is a breach of the agreement but it may be the court would say you have to pay when it was agreed to but cannot leave him stuck with the car.
Customer: replied 1 year ago.
Does this put me in a position of giving him the car back without being able to get sued
Expert:  Debra replied 1 year ago.
So now it sounds like he is wiling to take the car back and sell it but you are liable for any losses he incurs.
Customer: replied 1 year ago.
What would your advice be for my further action. Continue to pay the car for the next 2.7 years or take my loss.
Expert:  Debra replied 1 year ago.
This is very hard because this family. In my view you should do whatever you feel will make the rest of your life easier when you consider your relationship with your father and how it may be impacted over the years to come.
Customer: replied 1 year ago.
Ive heard of the cease or sue law before. Could that apply here? If he takes the car back he cant sue me?
Expert:  Debra replied 1 year ago.
In Saskatchewan he can. That law doesn't apply in all provinces.
Customer: replied 1 year ago.
So i dont quite have a way out?
Expert:  Debra replied 1 year ago.
You do if you can prove that your father breached the agreement in a substantial way. But really I think it's a bit of a risk to take because my concern is the court would say you cannot stick him with the car but just have to pay him when you get paid as was originally agreed upon by him.