My friend Sara, 18, had her aunt cosign on an auto loan. Her aunt got mad at her and took the car and had the car put only in the aunts name. The car was bought on 11/22 and she had changed about 2 weeks later. To my knowledge she had not received a title. All of the original paperwork has my friends name as well as her aunt. Can she take legal action against the dealership? And what kind of attorney would she need to get?
If your friend's name was on the agreement to purchase the vehicle and apply for the title and the paperwork was submitted to the MVA, then the title cannot be transferred without your friend signing the title. If the original paperwork was signed providing that the car would be titled in both names, then your friend could consult with an attorney and have them review the paperwork to see if the dealership could void the agreement and prepare a new one giving the aunt sole title. They may not be able to do this. Your friend should use the "Find A Lawyer" function to locate an attorney who handles breach of contract cases.
This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed as arising out of an attorney-client relationship. If a client needs specific legal advice or opinions, he or she should retain counsel for advice or to undertake representation.
I agree with Attorney Scherr. Your friends name should not have been put in the aunts name only. Without your friend agreeing to changes in the agreement , that would be improper. She needs to consult with an attorney in her location who is familiar with consumer law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline