Legal Question in Consumer Law in Pennsylvania

My son stupidly went to a car dealership with his friend and thought he was co-signing on a car loan. Turns out, they put him in as the primary owner and his friend secondary on the car. The issue is, my son has no job and no drivers license. Is there anything we can do? We live in Pennsylvania.


Asked on 3/13/12, 6:52 pm

3 Answers from Attorneys

Nope - not if your son is mentally competent and over 18 (if your son is not mentally competent (as he has a mental illness of some kind) or is under 18, that is a different issue) unless there was some kind of fraud involved. Stupidity is not the same as fraud. In such case, hope that the friend pays on the loan or that the lender rejects the loan application. If your son's friend needed a co-signer, that was a red flag that the friend may have had either no credit or more likely bad credit. It must really have been bad for the car dealer to have put your son as owner.

One does not need a driver's license to own a car - owning and driving are completely different things. The lack of a job is more problematic. How was the car paid for? What lender would loan money to your son without proof of income?

That may be your out - I would review the papers, if any, that your son has and get a copy of the finance application and see what was on it. If the friend actually made the application and used the friend's info, then you are probably stuck. However, if your son submitted the application with false job information, you may be able to rescind the transaction. However, that means that your son participated in the scheme to defraud the lender and I have no idea what can of worms that will open. Making a bad decision is one thing but criminal prosecution is another.

Depending on what the papers say, perhaps you and your son can go have a sit down chat with the car saleman and general manager of the dealership.

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Answered on 3/13/12, 7:20 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Sell the car

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Answered on 3/13/12, 7:30 pm


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