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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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Car Purchase Help

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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?


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.

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?
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).
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.
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