quincy
Senior Member
Statute of frauds.Please explain exactly, under the law, how the contract was invalid at its inception.
Statute of frauds.Please explain exactly, under the law, how the contract was invalid at its inception.
That is no explanation. It indicates to me that your personal opinion is that there was fraud involved, but its no explanation.Statute of frauds.
Statute of frauds generally applies to contracts with a sales value over $500 or to contracts that cannot be performed in one year or to contracts to guarantee the debt of another.How so...the promise to pay the debts of another no doubt must be in writing ...but a oral promise to pay to you a price determined on amount you state is balance owed ?? Not quite the same promise especially upon performance of the terms set forth.
I think partners sister was pulling a fast one...
This is such dangerous advice. You willing to do op’s time if she is arrested or convicted?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.
You are an idiot as you don’t even know what the statute of frauds is. Delete your account.That is no explanation. It indicates to me that your personal opinion is that there was fraud involved, but its no explanation.
She is an idiot — LdiJ — and she needs to quitStatute of frauds generally applies to contracts with a sales value over $500 or to contracts that cannot be performed in one year or to contracts to guarantee the debt of another.
These contracts must be in writing.
It was certainly not the smartest advice offered by LdiJ and HRZ in this thread.This is such dangerous advice. You willing to do op’s time if she is arrested or convicted?
Hence why I reported LdiJ for her lack of knowledge and illegal advice. She has been her long enough she should know what the statute of frauds states.It was certainly not the smartest advice offered by LdiJ and HRZ in this thread.
It helps to know the law or, at the very least research the law, before offering advice. It is not exactly the goal of this forum to place a poster is a legally precarious position with our advice.
The seller couldn't enter in to the contract due to the security held by the lender.Please explain exactly, under the law, how the contract was invalid at its inception.
You can sell a vehicle when security is held by a lender. Cars (and houses) are often sold this way. But the agreement for such a sale, the contract, must be in writing.The seller couldn't enter in to the contract due to the security held by the lender.
The contract between the borrower and the lender specifically states that the security can't be encumbered. Cars and houses are sold this way because, concurrent with the sale, the lien holder is paid (or agrees to another scenario, such as an assumption.)You can sell a vehicle when security is held by a lender. Cars (and houses) are often sold this way. But the agreement for such a sale, the contract, must be in writing.
An agreement to make payments on another's loan to acquire rights in the property once the loan is paid off is not a problem, if the agreement between the parties is in writing and signed.The contract between the borrower and the lender specifically states that the security can't be encumbered. Cars and houses are sold this way because, concurrent with the sale, the lien holder is paid (or agrees to another scenario, such as an assumption.)