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Loan from Family member

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A

alwaysquestion

Guest
I live in Alabama. I recently borrowed money from my ex brother in law. There was a contract signed by both of us, however, he gave the original to me. I needed the money desperatley so I agreed to his terms of $3,000.00 a month for 3 months to repay him. The loan was for a business purchase (a Truck). I have the title on the truck, although in the contract the Vin # is mentioned. I had a bit of trouble when the first payment was due, so I sent him half the payment, $1500.00. He refused the payment, returned it to me and has started charging $100.00 a day late fee. The man is just making it hard on purpose, just because he can. He has told me that the money loaned was just a drop in the bucket to him.
my question is, if he refuses payment, sends the payment back marked as "refused", do I still owe him the money?
Can he come and get the truck as he has threatened to do?
The truck title was not put in my name, however, I am the one he loaned the money too, however as mentioned before he does not have the title and there is no lienholder shown on the title.
I have tried to make arrangements with him, he is just a mean person.
He is in the "scrap metal" business and during all of this in hopes that he would be a little kinder, he asked that I help him find someone to sell some of his material too. I did this and they have signed a contract for 4500 tons. He was in a tight and had no one to help him so I did. Now he has gone back to being the "jerk" he always is. I am thinking, since I found a buyer, that perhaps I can invoice him for a "broker fee" (hoping this will give me a little leverage in dealing with him on the payment).
Ok since I have been so wordy I will ask the 3 questions I need answered.
1. If he refuses partial payment, do I still oew him the money?
2. Can he take the truck from me? I have the original contract and the title is in somone else's name. He gave me cash money.
3. Can I charge him a broker fee or finders fee for finding a buyer for his material?
 


D

David J. Miller

Guest
You need to read the contract you signed. If the contract indicates he is able to refuse partial payments, than he can. No, this does not mean you don't owe him the money.

Why is the title to the truck in someone else's name? You purchased the truck with the money borrowed and therefore it should be your truck and in your name, right? If I were the person you purchased it from, I would be forcing that issue.

Regarding the broker fee, I believe if you agreed verbally or in writing to find a buyer with no fee, then you are not entitled to a fee. But, I am not an attorney so I'm not sure about this one.

Please check back for a response from one of the attorney's. If my comments are incorrect, they will correct them.
 

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