Legal Question in Civil Litigation in California

Re: Liability on car

You do not say whether you sold the car to, transferred title and/or worked with the lender to transfer the liability on your auto loan to your friend. If the car remains in your name, the loan remains in your name and/or your friend's insurance does not cover the balance on the loan you are most likely liable to repay the lender the balance on the loan. Because you indicate that the agreement only obligated your friend to pay until January which is six months prior to the end of the loan term you probably will not be able to collect from her unless you can rescind the contract due to mutual mistake of fact. Unfortunately, a court may deny a request to rescind the contract if the mistake was due to a lack of reasonable care and diligence. Because it was very easy to check your loan documents and determine the end of the term of the loan the court is very likely to deny recission in this case.

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