If I took up payments on a friend’s car and now he is taking it back even though all the payments are up to date, can he do that?

A friend of mine wanted to buy his wife another car but couldn’t trade hers, so he ask me to take up the payments. I have paid the payments for almost 2 years now. I have been late like 5 or 6 times, but only 1 time over 30 days. I pay him and he pays the lienholder. Well, now he wants to trade his truck and says he is taking the car to trade, even though it is paid up to date. Can he do this? We don’t have a written agreement, but I do have a witness to the agreement. I even have text messages that state it is paid up but he needs to trade his truck.

Asked on October 18, 2011 under Bankruptcy Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have text messages from the person that you have an agreement with to purchase the vehicle that you were making payments on admitting that you are paid up to date, you need to photocopy them or somehow print them out on paper.

Likewise, you need to have copies of all payments in hand that you did to support your oral contarct to obtain the car. You also need to get a statement from the person who is a witness to the transaction to assist you in that is quite apparent that your friend is now intending to breach his agreement with you.

It is unfortunate that you have no written signed agreement regarding the transation. I presume that the vehicle's registration is not in your name? If not, that is not good for you.

Your frined can attempt to take back the car you are paying on. If he does, your option to to file a lawsuit against him for breach of contract for the monies that you have paid to him and the vehicle's fair market value. You should consult with a general practice attorney.

Good luck.


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