Legal Question in Consumer Law in Florida

Contract on a new van

I recently brought a new van. But because I have had some late payments on my credit card and also a volunteer Repo on my credit record my credit scores was low and needed a Co-signer.

When Clermont Dodge made up the contract they put my Co-signer name first. They say it was because his score was higher and it was the only way they could get it approved.

The cosigner is a heavy drinker, but no DUI yet. what can I do to protect my van from him selling it or losing it because of his drinking, or even get it back into my name. I will be the one making all the payment. Clermont Dodge said it was in both our name but everything is coming in his name.


Asked on 12/28/06, 11:13 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Contract on a new van

The car should not be in anyone's name but yours if you are going to be making all the payments and if he has no right to the car. If he is needed as a cosigner on the loan and is willing to do so, there is absolutely no reason that he should be or needs to be on the title. Have him sign the title over to you so that the car is only in your name. The car people are wrong to indicate that you both need to be on the title. It doesn't matter whose name is firat on the loan papers, so he can be "first" if that gets the better rate for some strange reason.

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Answered on 12/29/06, 10:21 am


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