If I bought a carand had a co-signer but the paperwork is in their name not mine, what do I do?

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If I bought a carand had a co-signer but the paperwork is in their name not mine, what do I do?

I went to a car dealership to buy a car and they said I had to have a co-signer. So my mom agreed to co-sign for me. I live in TX and she lives in AR. She got all the paperwork in the mail from the finance company and that’s when we realized the dealership had put the car in my mother’s name and my name was not on the paperwork anywhere. Is this legal? If not, what do we do?

Asked on July 6, 2011 under Business Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This either was a simple mistake or a deliberate attempt to sell the vehicle at any cost. First, contact the finance company (your mom would have to) and explain that this is not how it is supposed to be. Explain you are the primary borrower and your mother is a co-signer. If the finance company refuses to cooperate, cancel the deal (i.e. do not sign any documentation) because by you driving a motor vehicle financed solely by your mother and not you can cause significant legal issues insurance wise and accident wise. Then, contact the dealership and explain what occurred and that it needs to be repaired. Wait approximately one week. If it is not repaired, contact your state's attorney general and file a complaint.


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