Bought a car from a family member

[Ms.Reanne]

My partners sister was moving and still had a loan on her car. She offered for us to take over the payments and keep the truck. She stated she would send us the title once the truck was paid off. We made a few payments and she also made two of the payments in the beginning to help us get caught up. We asked her how much the remaining amount was left to pay the vehicle off and then gave her that exact amount and told her we would pay her back the two payments she helped us with in the beginning when we can.
Fast forward. She is now telling us that she cannot make the remaining payments for the vehicle and she is coming to give it back to the bank . She is now telling us that the large amount of money that we gave her to pay off the truck was not enough and she never said it was. She is withholding information on the loan from us and telling us it is now too late and she is giving our vehicle back to the bank.
What do we do?

 

[HRZ]

Your state matters.....and an oral agrement with no title is a weak point on your side..I would not rule out that she pocketed the funds you gave her ...I would look up your state's definition of theft by deception and if it seems to fit...call police..

 

[Ms.Reanne]

Thank you for your advise. I tried to look up that information and I am having a hard time finding it

 

[HRZ]

BTW I'd not turn over truck to her just yet! Id have it someplace beyond eyesight .

 

[adjusterjack]

What do we do?

Give it to her. It's not your truck. It's her truck. Reality check: It was a bad arrangement from the getgo with a predictable outcome. All you've been doing is renting the truck during the time you've had it.

an oral agrement with no title is a weak point on your side

Very weak.

.I would not rule out that she pocketed the funds you gave her

Neither would I.

look up your state's definition of theft by deception and if it seems to fit...call police..

The police will do nothing. It's a civil matter, not a crime.

I tried to look up that information and I am having a hard time finding it

Doesn't matter. It won't apply.

I'd not turn over truck to her just yet! Id have it someplace beyond eyesight .

Now THAT will get the police interested. Grand Theft Auto. Smart idea. NOT.

 

[LdiJ]

Give it to her. It's not your truck. It's her truck. Reality check: It was a bad arrangement from the getgo with a predictable outcome. All you've been doing is renting the truck during the time you've had it.



Very weak.



Neither would I.



The police will do nothing. It's a civil matter, not a crime.



Doesn't matter. It won't apply.



Now THAT will get the police interested. Grand Theft Auto. Smart idea. NOT.

Personally, if it were me, I would rush to court (hopefully small claims court) and file a suit against her for unjust enrichment...because it is quite likely that she just pocketed the money instead of making the payments. In the meantime, pending the outcome of the small claims case, I would not make the truck easy to find.

The fact that you have the truck at all is at least a small amount of proof that there was some arrangement for you to buy it.

 

[Just Blue]

Personally, if it were me, I would rush to court (hopefully small claims court) and file a suit against her for unjust enrichment...because it is quite likely that she just pocketed the money instead of making the payments. In the meantime, pending the outcome of the small claims case, I would not make the truck easy to find.

The fact that you have the truck at all is at least a small amount of proof that there was some arrangement for you to buy it.

It's proof that OP borrowed the truck and didn't give it back.

 

[Just Blue]

My partners sister was moving and still had a loan on her car. She offered for us to take over the payments and keep the truck. She stated she would send us the title once the truck was paid off. We made a few payments and she also made two of the payments in the beginning to help us get caught up. We asked her how much the remaining amount was left to pay the vehicle off and then gave her that exact amount and told her we would pay her back the two payments she helped us with in the beginning when we can.
Fast forward. She is now telling us that she cannot make the remaining payments for the vehicle and she is coming to give it back to the bank . She is now telling us that the large amount of money that we gave her to pay off the truck was not enough and she never said it was. She is withholding information on the loan from us and telling us it is now too late and she is giving our vehicle back to the bank.
What do we do?

Do you have proof of the payments made on the truck?

 

[Zigner]

BTW I'd not turn over truck to her just yet! Id have it someplace beyond eyesight .

Bad...
Bad...
TERRIBLY BAD...
"advice"

 

[Zigner]

Now THAT will get the police interested. Grand Theft Auto. Smart idea. NOT.

While I agree it's a terrible idea...I doubt this would be charged as Grand Theft Auto - but, not knowing the OP's state makes it hard to research the actual possible charges. Criminal conversion comes to mind (in some states.)

 

[HRZ]

OP ..just out of curiosity ..how much was the supposed balance due on truck and roughly what was blue book on that model truck. ?

 

[HRZ]

My read of your deal is you paid the full amount of the balance due per seller, initially, as the payment in full.which was the deal ..now the seller is refusing to deliver title ? What state?

 

[LdiJ]

While I agree it's a terrible idea...I doubt this would be charged as Grand Theft Auto - but, not knowing the OP's state makes it hard to research the actual possible charges. Criminal conversion comes to mind (in some states.)

I do not necessarily believe that it is a bad idea. The OP has apparently paid the family member the full value of the vehicle and the family member has apparently committed criminal conversion herself since she took the money without doing what was necessary to deliver the title to the OP.

Now, nobody can guarantee that the OP won't just end up without the vehicle and without the money as well, but the OP certainly is not going to go to jail for refusing to just roll over and play dead. Heck, the family member could even just want the vehicle and could be lying about letting it be repo'ed.

 

[Zigner]

I do not necessarily believe that it is a bad idea. The OP has apparently paid the family member the full value of the vehicle and the family member has apparently committed criminal conversion herself since she took the money without doing what was necessary to deliver the title to the OP.

Now, nobody can guarantee that the OP won't just end up without the vehicle and without the money as well, but the OP certainly is not going to go to jail for refusing to just roll over and play dead. Heck, the family member could even just want the vehicle and could be lying about letting it be repo'ed.

The purported contract was invalid at its inception. Besides, since we don't know the state, I was just giving that as an example.

 

[LdiJ]

The purported contract was invalid at its inception. Besides, since we don't know the state, I was just giving that as an example.

Please explain exactly, under the law, how the contract was invalid at its inception.