Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
What were the terms of your verbal agreement? Was she to have paid off the vehicle by now and transferred it into her name? Has she breached your agreement in some manner?
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The verbal agreement was to take over the payments and that she would later re-finance or trade it in and put the vehicle in her name and has not done so. She has not missed a payment but also we left the rims on the vehicle and she was to pay for those as well but did not. I just am concerned with the divorce and all and with the fact that the vehicle is in my name and things got ugly during the process of seperating our belongings I don't want to have to deal with the responsibility of keeping contact with her to make the payments.
I see. Thank you for clarifying the situation for me, Gloria.Since she has remained current on the payments (even though she has not paid separately for the rims), a court would likely order you to return at least some of the payments she has made to you for her purchase the vehicle. She has not breached your agreement, so there would normally be no basis to terminate it and regain possession of the vehicle without her pursuing legal recourse.Given that, it would normally be best to contact her and attempt to come to some arrangement which you would reduce to writing, so you have proof of the terms you agreed to. If she is able to, she could refinance the loan, pay off your loan balance, and transfer the vehicle into her name by a certain date. Then if you have that in writing and she does not follow through, that would normally provide grounds for you to retake possession of it without being sued for damages by her.If you cannot come to an agreement, I would see if she is willing to share the cost to engage the services of a mediator or attorney to assist you in coming to a resolution without having to resort to litigation.
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