Legal Question in Consumer Law in Missouri

Car problems

OK here is the deal I live in Missouri and I am buyiung a truck for my brother from a buy here pay here place in my name. we were driving it to florida and got there about 7 days after buying it and broke down. (the transmission, starter and fly wheel gave out). I had it towed to a local mechanic and then my brother started talking to them cause i know nothing about vehicles. My brother said he was going to call the car lot and everything and straighten it out and to my knowledge he did. However a few days ago i get a call from the mechanic saying that the repairs are done. ( I did not authorize the repairs I guess my brother did) And then the next day i get a call from the car lot wanting to know where their payment is I guess my brother had not been making ANY payments. Well Now I am stuck with a truck that has a $2000.00 mechanic bill and a $3000.00 car payment also. I was wondering if because it broke down so soon after I bought it can I just tell the car lot where it is and have them get it or am i liable for all 5000 of the debt now? Please help me as I dont want to go to jail for grand theft or anythign like that. thanks and let me knnow if you need any more info on this.

Oh and this all happened about 2 months ago


Asked on 4/07/06, 2:58 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Car problems

Without seeing the warranty you were offered on the truck, and without seeing the loan papers, it would difficult for me to hazard a guess about what your liabilities are. Generally, your obligation on the note to the buy here pay here place is probably an independent obligation, and they could probably sue you to collect it even if they couldn't get the truck back.

If your brother authorized repairs, then he is responsible for those repairs, not you. However, if the truck is in your name, the mechanic may still place a lien on the truck and require payment before releasing the vehicle.

You may want to talk to an attorney about a fraud claim against the dealership. You may also want to work out a payment arrangement with the mechanic in Florida.

In the future, any deals like this with a family member, get it in writing, and get it signed in front of a notary. Family members screw other family members all the time, and there's never any paperwork because "it's family." Protect yourself from this point forward.

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Answered on 4/07/06, 9:55 am


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