My friend came to me asking if I knew of any cars around that were for sale; she was in desperate need for a car. A single mother, employee, college student and a good friend for over 3 years. It just so happened that I was selling my old car at that time. When I told her about it she loved the car and really wanted it but didn't have the full amount I was asking for the car. Considering she has been my friend for years, I agreed to giving the car in installments with the condition of making an agreement (or contract) on paper and both of us signing it so that we are on the same page. Agreement was made and signed by both parties. Although payee did not have the complete deposit amount, I accepted helping her out with payments such as the deposit. Deposit of $1000.00 was to be given in the event of the car exchange but payee only had $500 available to pay deposit. We agreed that the remaining balance on the deposit was going to be giving within a month. Which did not occur! Now payee has made two payments of $200.00 in a time period of 2 months. Contract agreement states that minimum monthly installment would be $283.00. So agreement was breached yet again. Today I decided to ask her to return the car and she does not want to because she believes that the car is now hers due to her investing in it in the time frame of her possession, and also because she "never said she will not pay the car." Which I think that she is lawfully incorrect because the contract clearly states that I am legal owner until the car has been PAID IN FULL. Although I am not a law student nor did I ever study any law, I am well aware of my rights as a citizen, a business woman and a consumer. I know that I can show up wherever the car is and take it without anyone's consent because I still withhold LEGAL ownership of the vehicle at the DMV & also have possession of the car's title under my name. But my doubt is regarding her investment in the car and proof of two payments of $200.00 made out to me. Does she have ANY legal say in the car since she has already invested and made payments on it? Do I have a case if things become worse and need to be taken court? Anything else I should be aware of regarding contracts or personal business deals, etc.?
Answers (2)
Its not good to do business loans with friends. In cases like this happen it ruins friendships. . As for your rights as ownership of car. If you can show that even $1 is still unpaid and owed to you then it is s breach of contract. You can legally reposition of the car. . But if some how you made mistake and gave her written payment of any money not received then. If she show she paid full amount in writing then she has paid for it and has right of ownership. If you not licensed to repo cars there are standards you got to follow. Check with your local courts to find there regulations.
You were stupid to try and write a legal contract yourself AND do financial business with a friend. 98 percent of the time it doesn't work.
Stop discussing it with her, go ask a lawyer or licensed paralegal not a freaking friend and ask if you have the legal right to go get the car and drive it away or can you call it in as stolen and have the police get it.