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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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my husband took over pmts on a 2007 dodge caliber in 2010,

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my husband took over pmts on a 2007 dodge caliber in 2010, he paid it off on july 9,2012 he did not change the name because he was a truckdriver and he just put off til later which he planned to do this july when the tags were husband passed away on june 18th 2013. his aunt and uncle are now claiming he owed a 2500 down pmt which they want before they put it in my name what rights do I have..they are not deny the car is his just diputing the down pmt..
Welcome! Thank you for your question.

Was there any written agreement or a bill of sale for the vehicle? Is this all just an oral contract for the sale of the vehicle to your husband?
Customer: replied 4 years ago.

oral contract


Your only legal hope here is to asset that there was an oral contract for the sale of the vehicle and that your husband met all the terms of the contract and that now his aunt and uncle are in breach of the contract for failure to deliver the title to the vehicle.

However, unfortunately since the contract is entirely oral then the only proof of the contract will be tesimony from someone about the conversations with the deceased. There are evidence rules that prevent anyone from entering into court conversations with the deceased. This is going to prevent you from proving that the contract existed in court. Because you cannot prove the contract then you have no way to hold the aunt and uncle to any terms of the contract, including arguing the disputed term of the $2,500 down payment.

I would have to say that it sounds like your best bet may be to try and negotiate with them something you can live with, pay them and move on with this. Since this was not put in writing there is really no legal ground to challenge their assertions. In fact, they could deny a contract completely and you would be without the entire car.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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