Do we have a leg to stand on?

[Helpneededplz]

What is the name of your state (only U.S. law)? Washington State

I have a question about 3rd party car sales. In October we were contacted about a car deal that someone would pay half the payments and we'd pay the other half. We agreed and signed a contract to buy the car. Her finance company told her in February that it was illegal that we'd have to finance the car or give it back to who we got it from. We gave the car back and had her sign a contract to repay us $1100 we had put into the car for payments insurance and repairs. We have copies of both contracts one to buy the car from her and one for her to repay us the money we put it. She's now saying we are out the money and cant drive a car for free. Basically a deal to buy a car became a rental car. We did not falter on our end we made every payment and kept insurance on the car. She is the one who broke the contract when she took it back from us.

How were we driving a car free when we were buying the car from her made payments to her for the car? She agreed to repay us the money we put into the car. Do we have a leg to stand on?

I have all the facebook messages pertaining to buying and returning the car.

 

[OHRoadwarrior]

Consult your contract. If written correctly it will have default clauses.

 

[Helpneededplz]

We did not put default clauses in as we did not expect this to happen. That's why the second contract was made.

 

[justalayman]

I have a question about 3rd party car sales. In October we were contacted about a car deal that someone would pay half the payments and we'd pay the other half. We agreed and signed a contract to buy the car. Her finance company told her in February that it was illegal that we'd have to finance the car or give it back to who we got it from.

I would like to know just what they were considering was illegal. Offhand, I cannot think of anything that would make the situation inherently illegal.

We gave the car back and had her sign a contract to repay us $1100 we had put into the car for payments insurance and repairs.

the repairs I can likely see. The insurance, why would you have any right to claim that? You actually benefitted from the insurance. It's not like she got the money for the insurance. You paid it to the insurance company.

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Basically a deal to buy a car became a rental car. We did not falter on our end we made every payment and kept insurance on the car. She is the one who broke the contract when she took it back from us.

actually not according to you. If the contract was illegal, it was void simply because it is illegal to have such a contract. It would be the same as having a contract to buy a slave or prostitute. The contract is void on its face because it is illegal. Therefore, nobody "breaks" the contract. It is that there never was a contract.

How were we driving a car free when we were buying the car from her made payments to her for the car?

You weren't but if you get your money back, you will have been driving the car for free.

She agreed to repay us the money we put into the car.

Ok, then go with that

Do we have a leg to stand on?

there are always crutches if you don't but I try not to get into discussions about the handicapped. It seems everybody takes offense, no matter what you say.

 

[Helpneededplz]

According to her, her finance company called her and said that it was a 3rd party sale and illegal because she had bought the car only a few months prior. We put over $1100 into the car for repairs, payments, and full coverage insurance. In the second contract we did not ask her to repay us for gas which that I can see as driving a car free. After the car was paid off we would put it in our names.

 

[justalayman]

for the insurance;

you call your insurance company and cancel the policy and seek a refund from them. What you used, you used.


for the payments; that could be considered a rental fee but without knowing all of the details, it's tough to say. The fact you were paying only half of the car payment she had to pay and she was paying the other half, I suspect you won't be getting any of that back. You got a heck of a deal on a rental fee for the period you used the car.


the repairs; that is one thing you can likely seek repayment for. She has benefited from the repairs at your detriment and it was not you who terminated the contract.


It may have been contrary to her contract but it was not "illegal". Most lenders do not allow you to sell a vehicle or otherwise transfer it to another party. They loaned the money to who they loaned it to and that is where they expect the car to remain until paid for. Since you have a contract requiring her to repay all sorts of money, attempt to enforce that. If she refuses, all you can do is sue. If the second contract is enforceable, then you will be awarded a judgment for the money it required to be paid. If it is not enforceable, then it will likely revert to a situation similar to what I described above.