Breach of Verbal Contract - OH

[KimberleyinOhio]

OHIO - Domestic Relationship - Breach of Contract - Automobile Loan.
My domestic partner recently ended our 4 year relationship. In 2/11 we purchased a car together. In his name as I had bad credit. I gave my then present car to a family member (his insistence). I made the car payments direct withdrawn from my checking accnt for the first year and a half. He got a better job (making $240k per yr) and wanted to make the payments. We gave up most of our possessions, house, etc. to move to Texas 10/13 for his dream. I gave up my job. He was away overseas 10 mths out of the year. He broke up with me 9/13 and I packed small moving truck and he paid to have the car on trailer and I drove home to Ohio. He said he did not expect me to make the car payments until I found a job. I did get a job, Legal Secretary, and begin work next week. A few days ago he texted me and said he is flying into town to get the car and I need to take a loan out for balance - $12.5 or I lose the car. I need a car for work. I will not qualify for a loan. I only want back the money I invested in and reimbursement of the car I gave up. The agreement was that it was my car. I lost so much and I am finally getting my life back albeit with not much but I am free. I need to file a civil suit for my case to be heard or for him to realize he must make an agreement with me. If I keep the car and he does not know where I live now, can he report it stolen? Please advise asap! Thank you. He is returning into town 1/15 and gave me a weeks notice to come up with $12,500.00. (About the same I invested into the car).

 

[Ohiogal]

OHIO - Domestic Relationship - Breach of Contract - Automobile Loan.
My domestic partner recently ended our 4 year relationship. In 2/11 we purchased a car together. In his name as I had bad credit. I gave my then present car to a family member (his insistence). I made the car payments direct withdrawn from my checking accnt for the first year and a half. He got a better job (making $240k per yr) and wanted to make the payments. We gave up most of our possessions, house, etc. to move to Texas 10/13 for his dream. I gave up my job. He was away overseas 10 mths out of the year. He broke up with me 9/13 and I packed small moving truck and he paid to have the car on trailer and I drove home to Ohio. He said he did not expect me to make the car payments until I found a job. I did get a job, Legal Secretary, and begin work next week. A few days ago he texted me and said he is flying into town to get the car and I need to take a loan out for balance - $12.5 or I lose the car. I need a car for work. I will not qualify for a loan. I only want back the money I invested in and reimbursement of the car I gave up. The agreement was that it was my car. I lost so much and I am finally getting my life back albeit with not much but I am free. I need to file a civil suit for my case to be heard or for him to realize he must make an agreement with me. If I keep the car and he does not know where I live now, can he report it stolen? Please advise asap! Thank you. He is returning into town 1/15 and gave me a weeks notice to come up with $12,500.00. (About the same I invested into the car).

So he is offering to sell you the car. If the car is in his name on the title then it is his car. Give him the car back and get a new car. And yes, he can report it stolen. He loaned it to you and it is in his name. Unless your name is on the title, you have no rights to it beyond what he gives you to it.

 

[justalayman]

OHIO - Domestic Relationship - Breach of Contract - Automobile Loan.
My domestic partner recently ended our 4 year relationship. In 2/11 we purchased a car together. In his name as I had bad credit. I gave my then present car to a family member (his insistence). I made the car payments direct withdrawn from my checking accnt for the first year and a half. He got a better job (making $240k per yr) and wanted to make the payments. We gave up most of our possessions, house, etc. to move to Texas 10/13 for his dream. I gave up my job. He was away overseas 10 mths out of the year. He broke up with me 9/13 and I packed small moving truck and he paid to have the car on trailer and I drove home to Ohio. He said he did not expect me to make the car payments until I found a job. I did get a job, Legal Secretary, and begin work next week. A few days ago he texted me and said he is flying into town to get the car and I need to take a loan out for balance - $12.5 or I lose the car. I need a car for work. I will not qualify for a loan. I only want back the money I invested in and reimbursement of the car I gave up. The agreement was that it was my car. I lost so much and I am finally getting my life back albeit with not much but I am free. I need to file a civil suit for my case to be heard or for him to realize he must make an agreement with me. If I keep the car and he does not know where I live now, can he report it stolen? Please advise asap! Thank you. He is returning into town 1/15 and gave me a weeks notice to come up with $12,500.00. (About the same I invested into the car).

purchased car in 2/11 (almost 4 years ago)

you made payments for for a year and a half

that would mean he made payments for 2 1/2 years


there is a remaining balance of $12.5k


it appears the ORIGINAL verbal contract was that you make the payments based on the original activity. So, it looks like he was nice when he got a very good job and was taking care of you for the next 2 1/2 years and made the payments you originally agreed to make. Now he isn't asking for anything to be paid to him but simply you pay off the loan and you get to keep the car. Sounds like a fantastic bargain to me.

the problem you have is: due to the length of the contract and the amount of money involved, a verbal contract is not enforceable. The statutes of frauds requires your contract to be in writing to be enforceable so, basically, what you have is;

you had a guy that took care of you for several years that is now still trying to be nice and simply wants to sever ties with you. You can either find a way to borrow the money, negotiate an extension, or give of the car that HE paid well over half of what has been paid to date.


In other words; the worst you will have is you got to use a nice car for 4 years for $12.5k but it is now time to replace the car.

but remember; he has paid well more than you have and he is willing to simply write that off. Why should he suffer more than you in this situation when he has already?

I am wondering:

you split up in (you said 9/13 but I suspect you mean 9/14 given your timeline) and you moved back to Ohio. You have not worked since then? Getting close to half a year and you have not worked at all? Who is paying your living expenses now? Maybe you should ask that person to help you out with the $12.5k.

 

[Mark Maroon]

My domestic partner recently ended our 4 year relationship. In 2/11 we purchased a car together. In his name as I had bad credit. I made the car payments direct withdrawn from my checking accnt for the first year and a half. He got a better job (making $240k per yr) and wanted to make the payments. He broke up with me 9/13 and I packed small moving truck and he paid to have the car on trailer and I drove home to Ohio. He said he did not expect me to make the car payments until I found a job. I did get a job, Legal Secretary, and begin work next week. A few days ago he texted me and said he is flying into town to get the car and I need to take a loan out for balance - $12.5 or I lose the car. I need a car for work. I will not qualify for a loan.

Explain to him that you can't get a car loan for $12.5k (I find that hard to believe given that loan rates are practically zero, but I don't know your credit problems). Then ask him if you can keep the car and simply resume making the current remaining monthly loan payments on the car (now that you have a job) until the remaining loan balance of $12.5 is paid off, at which point he will transfer the title of the car to you and the car will become yours (you will agree to pay any and all transfer fees and taxes). However, he needs the fallback assurance that if you fail to make any payment on time, then he retains the right to take possession of the car and assume responsibility for the remaining monthly loan payments. If he agrees, then make sure that you put it all in writing.

If he doesn't agree to let you continue to pay the loan and then take possession of the car, then I think he is within his legal rights to take possession of the car at any time, and if he can't find it, then I think he can report it stolen, or to file against you for repossession of the car or it's value. I don't think you would win a case against him, since you only made payments on the car for a year and a half, and I assume he was paying for something else of equal value during that time, if not everything else during that time.

BTW, you are now talking about a car that is almost 4 years old and still costs over $12,000. I buy my cars new for about that amount. My friends without any money by cars that are 10 years old for about $2000 (no loan needed). You may need to get an old car until you can afford something better on your own.

Hmm, on re-reading I have the same question on the timeline that was raised by justalayman. Did you move away with the car back around 9/13 or around 9/14? In other words, was he paying monthly on the car for about a year before you got a job? If so, then that was pretty reasonable of him. I mean he sounds like a bit of a dick if he is making $240k a year and he can't simply pay off the $12.5k balance on the car himself and give it to you, but we don't know his side of the break up story. Still, if he's been paying monthly for your car since about a year and a half after he/you bought it in 2/11, including over/about a year since you moved away with it, then that's pretty reasonable.

 

[OHRoadwarrior]

Perhaps you need to give him his car and buy a bicycle if you cannot afford a car. You could also move onto a public transportation route. His success does not require he underwrite your failure.

 

[RRevak]

Explain to him that you can't get a car loan for $12.5k (I find that hard to believe given that loan rates are practically zero, but I don't know your credit problems). Then ask him if you can keep the car and simply resume making the current remaining monthly loan payments on the car (now that you have a job) until the remaining loan balance of $12.5 is paid off, at which point he will transfer the title of the car to you and the car will become yours (you will agree to pay any and all transfer fees and taxes). However, he needs the fallback assurance that if you fail to make any payment on time, then he retains the right to take possession of the car and assume responsibility for the remaining monthly loan payments. If he agrees, then make sure that you put it all in writing.

If he doesn't agree to let you continue to pay the loan and then take possession of the car, then I think he is within his legal rights to take possession of the car at any time, and if he can't find it, then I think he can report it stolen, or to file against you for repossession of the car or it's value. I don't think you would win a case against him, since you only made payments on the car for a year and a half, and I assume he was paying for something else of equal value during that time, if not everything else during that time.

BTW, you are now talking about a car that is almost 4 years old and still costs over $12,000. I buy my cars new for about that amount. My friends without any money by cars that are 10 years old for about $2000 (no loan needed). You may need to get an old car until you can afford something better on your own.

Hmm, on re-reading I have the same question on the timeline that was raised by justalayman. Did you move away with the car back around 9/13 or around 9/14? In other words, was he paying monthly on the car for about a year before you got a job? If so, then that was pretty reasonable of him. I mean he sounds like a bit of a dick if he is making $240k a year and he can't simply pay off the $12.5k balance on the car himself and give it to you, but we don't know his side of the break up story. Still, if he's been paying monthly for your car since about a year and a half after he/you bought it in 2/11, including over/about a year since you moved away with it, then that's pretty reasonable.

I'm not even sure where to begin with the wrong that's implanted into this statement.