I bought a car through verbal agreement...

I bought a car from a friend who lives in another state. I was to pay a monthly loan payment to his financed institution that was under my friend's name. It had an expired tag but my friend said it's ok to drive if I'm driving out-of-state vehicle at my state. However, I did got pulled over by a police for the expired tag. When I tried to do the registration renewal, I learned that the car had $1250 parking violation ticket that I did not know of. I asked my friend to clear the outstanding tickets, and he agreed to it. Two months passed by.... My friend still did not clear those tickets. And the car was just sitting at my parking lot. So I stopped my payment on the third month of the loan payment. Now my friend is saying that I am hurting his credit and I need to take the full responsibil
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Terry Louise Traveland

Terry Louise Traveland

Contributor Level 4
This question reveals a whole host of problems. The first being that you will most likely lose a friend over this dispute. Your friend may also have a warrant out for his arrest for the non-payment of those tickets. So, if he's stopped by police and they run his name through the system, he could be arrested on the spot and taken to jail.

If you still want the car and are willing to make the payments so long as he pays the tickets, you should document this correctly. You should negotiate an agreement with him for the purchase of the car that requires him to pay the tickets immediately before you make any payments. Then, you should sign a promissory note for the car that allows for the payments on the note to be made directly to the company that made the original loan. And, you should require that title to the car transfer upon signing the note. You will need to document that transfer at the state level. You can offer the car as security on the note.

You will also need to review the agreement that he has for the loan with the finance institution. Most likely, it prohibits him from selling the car without paying off the note and any sale without doing so would constitute a default under the note. So, it might be best just to negotiate directly with the finance company.

If you do not want to keep the car, then you should take the position that no contract existed. When you say you bought the car, I'm assuming that the purchase of the car was simply taking over the payments on the car and that you didn't put any additional money down on the car.

As for your agreement to purchase the car: In Texas and in most states, a contract for the sale of goods for the price of $500 or more must be in writing to be enforceable. However, you might have taken action that could overcome this requirement. For example, did your friend transfer title of the car to you? How long have you had possession of the car and did you make any payments on the vehicle? These actions may be enough to make the contract enforceable even if it is verbal. However, your friend will have to prove that the agreement is enforceable and would have to sue you to do so.

It would most likely end your friendship, but you could tell him to come pick up his car since it is not drivable due to the tickets. Thank him for letting you borrow the car and don't admit that there was any agreement to purchase the car. In order for him to enforce the agreement to purchase the car, he would have to sue you, in which case, your defense would be that there was no agreement. Since there is no written agreement, he could have a difficult time proving that there was an agreement. Plus, if he is having this much financial difficulty, he probably does not have the funds to sue you. However, if he decides to sue you over this, be warned that he could sue you in his state and then you would be forced to defend yourself in the court in which he files. That can be difficult and expensive for you to hire an attorney in that state and travel to that state for court hearings.

If you go this route and you've made any down payment or payments on the note, you would probably not be able to recover any of those payments. You would most likely have to sue him to get those amounts back anyway and, to do so, would be admitting there was a contract. So, those payments made would best be considered an expensive lesson learned.

Disclaimer: This answer does not create an attorney-client relationship and does not constitute legal advice. Each situation is fact specific and there may be facts not disclosed that could alter the answer provided. It is impossible to evaluate a legal problem without a comprehensive review of all the facts or documents.
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