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Question about personal auto contract in South Dakota

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1980Bren

Junior Member
This is a more precise explanation to my original post.

I worked for a company and as the Vice President the owner of the company (The President) purchased an automobile that would be for my use. There was no financing or loan as it was paid in full with company money. The President offered for me to buy the car for myself from the company when my own car quit working. He figured since I drove the car all the time and I liked it that it would be a win-win for the both of us.

There was not a contract on the purchase initially as I offered to pay $300.00 on the vehicle per month. Due to extreme mental health issues of the President he was later committed to the state mental hospital and subsequently closed the company on 1 days notice. I was asked to return the car by him although I had not missed a payment and had paid over half of the loan off. After other board member advising him that was not right to do he agreed to sign the title over to me (in the company name not his) and he (his personal self) would become the lien holder. I was given a bill of sale that was the contract that stated I was to pay $300.00 a month and the remaining u to date amount owed on the vehicle. This was in November.

Now my issue is as follows. This man has major mental health issues, he has constantly harassed me via email (by phone as well and social networking until I finally had to block him and change my number). This man told me numerous times even though I am married that he loved me (while employed) and even stated in an email that the car was a gift. I have continued to make my payments (at this time I am behind by half of 1 payment) and yet because he lives over 100 miles away I have to mail the payment. If the payment is not there by its due date (now remember I said there was NO due date, NO payment terms, or any statute that he would take if repossession ever became necessary in the bill of sale contract at all) he will then impose a $75.00 fee for every late payment. I have never signed a contract stating such. He then sent an email saying payment has to be there by such and such day of the week. I have told him (since I am still looking for work as we live very rural) that my husband is making the car payment for me, he is paid every other Friday and I mail it that day. I cannot then predict when the post office will deliver it. This seems to infuriate him.

I am not trying to scam this man, I do not want to give him the car back because I have paid so much towards it, but I do not understand how he can just make up any rule he wants when he sees fit, and if he has called it a gift then why am I paying on a "gift." I thought a gift was just that, a gift. I say that with sarcasm of course. Can he do this? meaning changing the contract when there really isnt a contract to begin with, except for his basic terms in the bill of sale and harassing me.
 
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swalsh411

Senior Member
To answer your question, whomever signed for the loan is responsible. If you don't want to deal with the drama, simply return the keys.

edit: I think I confused your post with somebody else.
 
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1980Bren

Junior Member
To answer your question, whomever signed for the loan is responsible. If you don't want to deal with the drama, simply return the keys.

edit: I think I confused your post with somebody else.
In theory though there was no loan. Simply put the company owned the car, I bought it from the company, and now every week he is trying to make all of these new rules and stipulations. Therefore my question is can he do that? Shouldn't he have put all of these stipulations and "terms" in his contract to me? And I am not giving the keys back and forgoing all of the money I have paid. It was a $7000.00 car and I only owe about $2000.00 more.
 

swalsh411

Senior Member
Sounds like you've been paying to rent the car. You are in a very weak position to attempt to prove otherwise. My earlier advice stands. Give them back the car and put your payments towards another vehicle.
 

1980Bren

Junior Member
Sounds like you've been paying to rent the car. You are in a very weak position to attempt to prove otherwise. My earlier advice stands. Give them back the car and put your payments towards another vehicle.
You may be right about the return, but I can assure you I am not renting this auto. Here is what he gave me, mind you I am omitting names:

BILL OF SALE

11-11-11

(Owners Name) is selling to (ME) a 4 door (Make and model of car) with VIN number (vin entered here). This sale is in the amount of ($ value is here). Payments of $300.00 per month will be paid to (Owners name and mailing address) until paid in full.

Amount aid to date (amount is here)

Amount due (amount is here)

All liability, insurances, gas, and taxes are now assumed by (ME). (Owners Name) will remain the lien holder on title number (Number here) until paid in full.


So thats it as far as a contract goes, so I am definitely buying it, that is why I ask can he really just send an email and try to add or take away rules and stipulations of this contract, especially if I am not signing or agreeing to them?
 

divona2000

Senior Member
...he agreed to sign the title over to me (in the company name not his) and he (his personal self) would become the lien holder. I was given a bill of sale that was the contract that stated I was to pay $300.00 a month...
...All liability, insurances, gas, and taxes are now assumed by (ME). (Owners Name) will remain the lien holder on title number (Number here) until paid in full...
What owner name is actually shown on the title itself: yours, his, both?
 

1980Bren

Junior Member
What owner name is actually shown on the title itself: yours, his, both?
He recently sent me the title, the original title is in the company name (thats the one I have signed over to me), and he signed it over to me, and has his self listed as a lien holder. I have not yet went to the DMV but I assume since he signed the title over to me as soon as I do it will be in my name, but list him as a lien holder.
 

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