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    Ssidebottom's Avatar
    Ssidebottom Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 26, 2008, 08:51 AM
    Unfare title trade
    My boyfriend and I broke up... He baught me a truck and said he would make payments no matter what happends.
    Now he is trying to get out of it and I can't afford it.
    My question is I signed my title over before for a private sale but it fell through, He took my title and traded my truck in with the title signed by me and got me a new truck.
    He is a car sales man and it is in his name.
    I didn't sign anything else, Do I have any leagal rights. I can't lose my truck it's all I have to get back and forth to work. He told me if I say or do anything that he report the truck stolen and I won't have anything. The insurance is in my name that's about it. Please help what can I do?
    Shannon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Aug 26, 2008, 11:01 AM
    Quote Originally Posted by Ssidebottom
    My boyfriend and I broke up ....He baught me a truck and said he would make payments no matter what happends.
    Now he is trying to get out of it and I can't afford it.
    My question is I signed my title over before for a private sale but it fell through, He took my title and traded my truck in with the title signed by me and got me a new truck.
    He is a car sales man and it is in his name.
    I didn't sign anything else, Do I have any leagal rights. I can't lose my truck it's all I have to get back and forth to work. He told me if I say or do anything that he report the truck stolen and I won't have anything. The insurance is in my name that's about it. Please help what can I do?
    Shannon

    Have I got this right? It's titled in his name and insured in your name. Who is the registered owner? Is there a loan and whose name is on it?

    I don't think you can make a convincing legal argument that his promise to "make the payments no matter what happens" was either sincere or included you driving a truck he pays for after a breakup.

    This is "pillow talk" and the Court usually sees it that way.

    I'd be more concerned about who is on the paperwork as well as the value of the first truck which was turned over into the second truck.
    Justice Matters's Avatar
    Justice Matters Posts: 210, Reputation: 27
    Full Member
     
    #3

    Aug 26, 2008, 11:46 AM
    Needless to say the new truck should have been put into your name when it was acquired.

    His promise to make payments will likely be viewed as a gift to you and as such may not be enforceable.

    Your best option, if it is indeed even financially possible, would be to have the vehicle put into your name and assume the monthly payments.

    If this is not an option and your ex takes possession of the truck, which arguably he could since it is in his name, then you would be entitled to the return of the payment you made towards it - in this case the trade-in value of your old truck.

    If car salesmen are required to be licensed in your jurisdiction and your ex ends up doing something improper you may want to complain to his licensing authority.

    Lastly, if the two of you were living together you may want to look into the common law marriage rules of your jurisdiction.

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