Legal Question in Consumer Law in Missouri

My son bought a vehicle last year and my sister co-signed the loan. My son put up the

down payment and made the first 5 payments, then lost his job. He never paid the

sales tax or registered the vehicle. My sister has made the last 6 payments and paid

for a new windshield for it. When my son lost his job and couldn't pay, he agreed to

let her take the vehicle and park it. She changed the locks immediately. I just found

out that she has been letting her ex-husband drive the vehicle and now she wants to

sell it to him. I told her that I would take over the payments and pay the tax and

registration. I also told her that my son would pay her back as soon as he gets a

job. (Incidentally, he's a full time college student, not a deadbeat). She said that she

just wants to sell it to her ex-husband so that she can be out of the loan. My question

is, can she do this and does she have any legal rights in this situation?


Asked on 11/07/13, 4:54 pm

1 Answer from Attorneys
Anthony Smith LawSmith

If your sister has registered the vehicle, she probably did so in her name only. If that is the case, your Son needs to let Jefferson City know of his lien on the vehicle very soon (the seller/lender probably already has a lien on it) Based upon the facts you described, they both own the vehicle. If either sells it, they owe some money to the other. If your Son was over 18, when the car was purchased, you probably do not have any claim to the vehicle. But, perhaps they will sell it to you. Taking over the payments, will not get your Sister out form under her obligation to the seller/lender. So, she has not legal obligation to let you take control of the vehicle.

Your choices seem to buy the car, or let them (your Son and Sister) do what they're going to do. Until you or your Sister;s ex buy the vehicle, both your Sister and your Son are obligated to the seller/lender.

Good luck

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Answered on 11/08/13, 10:04 am


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