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Thread: Oral Contracts

  1. #1
    Stuckwithatruck is offline Junior Member
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    Oral Contracts

    What is the name of your state? Texas

    The bottom line question is it worth my while to seek professional advice?

    My ex-fiancee and I were in an on again, off again relationship for the last 2 and 1/2 years. He makes close to $100,000 per year in the offshore oil industry, I make $50,000 per year in the travel industry. Myself, always the optimist, purchased a truck in my name in June 2005 for him, because his credit could not handle that commitment, (his score was somewhere in the 600's at that time, mine in the 800's). The reason, albeit ignorant "looking towards our future", for me commiting to this obligation was to lower our overall monthly bills from $1600 a month in vehicle payments, both in his name, to $944 a month. Relieving us on a monthly basis of $600.00 per month rolling in both his upside down payments. Not to mention to do this I had to write another check for $10,000 down for me to qualify to purchase this truck. We split up in February for a variety of reasons to include alcoholism (of both parties, but he would say just mine), his mother moving in, and his desire to overspend. The truck is in my name solely, worth only 33,000 trade-in, though I owe 46,500 on it. I have no proof other than that he has maintained the vehicle payments and kept up the insurance, other than the original documentation showing the upside down vehicles that we rolled together.
    When I moved out of his home in February, thinking it would be an amicable breakup I left many possessions behind including a refrigerator, lawnmower, etc; that though I have no use for but may afford me an extra $200.00 or so towards my debt. He has decided (I'm sure with the help of his mother) to relinquish the truck to me so that I will stop "harrassing" him. This leaves me with a vehicle that is upside down by $15,000. Is there any judge in the state of Texas, who would see through his accusations and award me a lien against his home in the amount of money that I fronted and is owed upon the truck or should I just swallow the additional loss and avoid lawyer costs, court costs and the emotional turmoil from playing this out?
  2. #2
    Ohiogal is offline Senior Member
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    Quote Originally Posted by Stuckwithatruck
    What is the name of your state? Texas

    The bottom line question is it worth my while to seek professional advice?

    My ex-fiancee and I were in an on again, off again relationship for the last 2 and 1/2 years. He makes close to $100,000 per year in the offshore oil industry, I make $50,000 per year in the travel industry. Myself, always the optimist, purchased a truck in my name in June 2005 for him, because his credit could not handle that commitment, (his score was somewhere in the 600's at that time, mine in the 800's). The reason, albeit ignorant "looking towards our future", for me commiting to this obligation was to lower our overall monthly bills from $1600 a month in vehicle payments, both in his name, to $944 a month. Relieving us on a monthly basis of $600.00 per month rolling in both his upside down payments. Not to mention to do this I had to write another check for $10,000 down for me to qualify to purchase this truck. We split up in February for a variety of reasons to include alcoholism (of both parties, but he would say just mine), his mother moving in, and his desire to overspend. The truck is in my name solely, worth only 33,000 trade-in, though I owe 46,500 on it. I have no proof other than that he has maintained the vehicle payments and kept up the insurance, other than the original documentation showing the upside down vehicles that we rolled together.
    When I moved out of his home in February, thinking it would be an amicable breakup I left many possessions behind including a refrigerator, lawnmower, etc; that though I have no use for but may afford me an extra $200.00 or so towards my debt. He has decided (I'm sure with the help of his mother) to relinquish the truck to me so that I will stop "harrassing" him. This leaves me with a vehicle that is upside down by $15,000. Is there any judge in the state of Texas, who would see through his accusations and award me a lien against his home in the amount of money that I fronted and is owed upon the truck or should I just swallow the additional loss and avoid lawyer costs, court costs and the emotional turmoil from playing this out?
    You bought a truck. You own a truck. You have the truck. Good grief. The "oral contract" you had is worth nothing. You made a decision of your own free will. There was no deal that he would pay you back -- not one that you could prove. You played house, you broke up. YOu got a truck. Most people are upside down in their car payments. It is the way of the world. You are lucky you got the truck.
  3. #3
    Stuckwithatruck is offline Junior Member
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    Thank you for your intelligent legal advice Ohiogal, however you obviously know nothing of Texas laws so please keep your simplistic views to yourself. The reason people seek help on this forum is one because they need help; two they cannot afford the advice; and three they are looking for someone that has some knowledge of the laws of the state they are dealing with. I did not ask for your own personal views of whether or not someone had made the right choices in life. If it is not obvious to you, it is to others that they did not make the right choices and that is why they are at this junction asking for any possible help that can be afforded them. So, with out further ado, if there is someone that can give advice it would be appreciated. Thank you to all those that are understanding.

    Stuck with a truck.
  4. #4
    Silverplum is offline Senior Member
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    Quote Originally Posted by Stuckwithatruck
    Thank you for your intelligent legal advice Ohiogal, however you obviously know nothing of Texas laws so please keep your simplistic views to yourself. The reason people seek help on this forum is one because they need help; two they cannot afford the advice; and three they are looking for someone that has some knowledge of the laws of the state they are dealing with. I did not ask for your own personal views of whether or not someone had made the right choices in life. If it is not obvious to you, it is to others that they did not make the right choices and that is why they are at this junction asking for any possible help that can be afforded them. So, with out further ado, if there is someone that can give advice it would be appreciated. Thank you to all those that are understanding.
    THAT attitude will get you nowhere. I certainly wouldn't help you after that snippy little diatribe.
  5. #5
    Stuckwithatruck is offline Junior Member
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    Silverplum response

    Silverplum, while you may view it as a "snippy little diutribe", please understand that I am in a "pickle" of a situation, and I am seeking advice. If you can offer any, it would truly be appreciated. It goes without saying that I have been ignorant in my choices. Thank you for any sound advice that you may offer.
  6. #6
    Ohiogal is offline Senior Member
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    Texas contract law not much different than Ohio contract law. The heart of contract law is pretty much the same nationwide. Oh and btw -- I wasn't criticizing your life choices. I was just pointing out that you legally got what you legally paid for. the only contract in the whole bit that matters is the one you signed for the loan on the truck and whatever paperwork you signed buying the truck. That was not personal opinion -- that was a free legal opinion. Anything else?
  7. #7
    Ohiogal is offline Senior Member
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    I responded below reaffirming my legal opinion and in email. But I need to go through this:

    Quote Originally Posted by Stuckwithatruck
    Thank you for your intelligent legal advice Ohiogal, however you obviously know nothing of Texas laws so please keep your simplistic views to yourself.

    Sometimes the simplistic answer IS the right one.

    The reason people seek help on this forum is one because they need help;

    Yes. And I tried to provide it. Nowhere does it say we sugarcoat it or provide nice responses because sometimes the law isn't what you want to hear.


    two they cannot afford the advice;


    Well I didn't charge you anything.

    and three they are looking for someone that has some knowledge of the laws of the state they are dealing with.

    See my last post on this thread. Contract law is very similar across the country. The foundation of the law is similar. I stand by what I said to begin with.

    I did not ask for your own personal views of whether or not someone had made the right choices in life.

    I wasn't criticizing your choices in life nor did I say you made right or wrong ones. I said quite frankly, you paid for a truck, you got a truck, your stuck with the truck and the loan. You are lucky -- he could have taken off wth the truck. Or you could have put the truck in his name and the loan in yours which would have been a very expensive gift.

    If it is not obvious to you, it is to others that they did not make the right choices and that is why they are at this junction asking for any possible help that can be afforded them. So, with out further ado, if there is someone that can give advice it would be appreciated. Thank you to all those that are understanding.

    Stuck with a truck.
    You will find that pretty much most of the people that are attorneys -- by the way I am one -- who answer you will give pretty much the same response. Some will not be as nice as I was and pick apart your choices. I can think of one. Anyway, no where did I criticize the choices you made. I just stated the facts. legally you don't have a leg to stand on.
  8. #8
    ceara19 is offline Senior Member
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    Quote Originally Posted by Stuckwithatruck
    Thank you for your intelligent legal advice Ohiogal, however you obviously know nothing of Texas laws so please keep your simplistic views to yourself. The reason people seek help on this forum is one because they need help; two they cannot afford the advice; and three they are looking for someone that has some knowledge of the laws of the state they are dealing with. I did not ask for your own personal views of whether or not someone had made the right choices in life. If it is not obvious to you, it is to others that they did not make the right choices and that is why they are at this junction asking for any possible help that can be afforded them. So, with out further ado, if there is someone that can give advice it would be appreciated. Thank you to all those that are understanding.

    Stuck with a truck.
    I am quite familiar with Texas law. Ohio is pretty much 100% correct. If you knew what the Texas law was, you wouldn't be here in the first place. Your attitude will get you nowhere. I suggest you learn how to use Google.
  9. #9
    Ohiogal is offline Senior Member
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    OP apologized to me profusely in a PM. She offered to apologize on this thread and I told her it was not necessary at this point.But thanks for jumping to my defense.

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