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Breach of Contract

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aj85018

Junior Member
ARIZONA-Almost 3 years ago, I had co-signed on an automobile loan for a significant other under the agreement that I would be taken off the loan and be removed from title within 12 months after the purchase. It was further stipulated in our signed agreement that she would be responsible for making all payments on time, and insuring and maintaining the vehicle. It is now nearly 3 years later and I make the insurance payments, payments have been missed, and she refuses to acknowledge our contract. Can the courts reinforce our contract and force her to take action?

I appreciate any help! Thanks!

AJ
 
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You can sue her to enforce the agreement and for any damages that you have sustained. Of course, this assumes (a) the contract you had is valid, and (b) the friend has assets to pay any judgment against her.

However, the court can not order her to take your name off the loan, since the lending company doesn't have to do that. Thus, she will have to try and refinance the loan in her name only. If she can't refinance the loan, you can request that the court order the car sold to pay off the loan in order to prevent the purpose of the contract from being frustrated.
 

JETX

Senior Member
ARIZONA-Almost 3 years ago, I had co-signed on an automobile loan for a significant other under the agreement that I would be taken off the loan and be removed from title within 12 months after the purchase. It was further stipulated in our signed agreement that she would be responsible for making all payments on time, and insuring and maintaining the vehicle. It is now nearly 3 years later and I make the insurance payments, payments have been missed, and she refuses to acknowledge our contract. Can the courts reinforce our contract and force her to take action?
No one can answer that ACCURATELY without actually reviewing the agreement. These types of 'pro se' documents often do not meet the essential requirements of a valid contract and would be unenforceable.

Is your name still on the title?? If so, then you have equal rights to ownership of the vehicle, go get it. Then, let her try to pursue you in court and prove her right to ownership and possession. Sounds like she won't be able to. And at the very least, you can countersue for the moneys that you did have to pay on the vehicle... and any 'defamation of credit' due to her failure to pay impacting your credit history.
 

Rexlan

Senior Member
And after you are done with all your court BS a year later you will have spent more $$ than the car is worth and still have nothing.

Forget about it and move on.
 

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