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We took over a friend's car not about two years ago, we have…

Customer Question
Hi, we took over...

Hi, we took over a friend's car not about two years ago, we have made every payment ( i have all recipets of payment) they are now saying that we didnt follow through the agreement (only verbal) and they are saying they are coming to get the car. we have carried insurance on it and made all the payments. the car is close to being paid off now and they want it back. what can i do?

Lawyer's Assistant: What state is this in? And how old is the car?

We are in Texas and it is a 2006 Lexus. the care is not in perfect conditon nor was it when we got it and will need alot of work, we do not have the title as the car is still being finacied through the bank so i make the payments to the bank via atm.

Lawyer's Assistant: Has anything been filed or reported?

Not sure what you mean by filed or reported. they are just saying that they are going to come get the car. it legally isnt mine right now and the loan is still in her name. but i have paid on it for almost two years. is there anything i can do or do i have to wait till they have already taken the car back?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We have not missed a payment and have not done any damage to the car. We have only been late with the payment maybe once or twice. but have always made them.

Submitted: 7 months ago.Category: Legal
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11/30/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,377
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience. This appears to be a classic breach of contract on the basis that you made an agreement to pay for the use of the car, but they are taking it back. This is similar to if a rental car company repossessed a vehicle that you were renting in the middle of your vacation even though you made payments. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

What other questions did you have for me today?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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