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co-buyer problems

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Elsii

Guest
What is the name of your state? Texas

Background: When I was 18, my father agreed to co-sign on a loan for me to purchase a vehicle. I had previously picked out the car I wanted, and we signed the papers at my bank. When we got to the dealership, he decided we weren't going to buy that vehicle and forced me to leave. We came back 2 days later and he coerced me into purchasing this other vehicle with him as a co buyer, not co-signer, with him listed first on all the paperwork. See, even though I worked full time, I was also a full time college student and didn't have any money to move out on my own, and that was his threat against me. My parents made too much money to get financial aid or loans that I wouldn't need to pay back until I graduated, and they weren't willing to help with costs. Tensions had always been high between us, and I really would have preferred not to have him on my paperwork at all, but I had no credit and not really any other choice. Shortly after the purchase, we had a major disagreement and I have not spoken to him for 1 and 1/2 years. He did a real number on the financing for that vehicle, as I currently owe $10,000 and the car's only worth $5,000. I know that since he's co-buyer and it's not "or" on the title, just listed to both of us, he can come and take the vehicle from me at any given time, and I'm SOL. I'm wanting to go buy a new vehicle of my own, with my name and my husband's name on the title (wasn't married when all this happened) so I won't be under his thumb anymore, not to mention it's really not the vehicle I want and am not happy.

Question: I know that I'm liable for the amount owed on the loan since I am co-buyer. The question is, if I park that car in his driveway and go buy one on my own, in effect forcing him to be responsible for the vehicle, is he allowed to sue me for anything? He's sue-happy, and prone to frivolous lawsuits.

Thank you in advance.

-V
 


JETX

Senior Member
"I know that I'm liable for the amount owed on the loan since I am co-buyer. The question is, if I park that car in his driveway and go buy one on my own, in effect forcing him to be responsible for the vehicle, is he allowed to sue me for anything? He's sue-happy, and prone to frivolous lawsuits."
*** Of course he can sue you. The real question is what would he claim and would he have a chance to win. For example, he could claim a separate verbal agreement for you to pay for the car, or that you agreed to not put more than X miles per year, or any of a hundred other claims. Would he win..... depends on what he could present to the court to support his case.... and what you could present in defense.

I would add that I (and the court) would be somewhat suspicious of your claim that "he coerced me into purchasing this other vehicle with him".
 

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