Legal Question in Civil Litigation in New Jersey
contract for car
i contracted with my mom to buy a car for my sister that my mother already owned. NOTE: general form to document a promise to repay a debt of$ 4,000.00___
08/19/2004
For value received, a 2000 Hyundai Elantra, I,--name removed--promise to pay $4,000.00 to mother.This loan is due by October 30, 2004. It is understood that this contract shall be automatically extended 60 days should the close of property that--name removed--is under contract for, not be completed by this date. This loan is to provide a vehicle for my sister.She is ultimately responsible for paying this loan, she will be paying--name removed--an amount agreed upon by both her and sister.--name removed--will be paying mother this amount with sister paying back--name removed--end
i have omitted names. my land never sold and my mother is now sueing me.my sister has tried to make payments to my mom but she has refused them.The title to the car is my mother and sister's names. I have asked my sister to sell the car but she won't and my mother won't make her (they live together,she is 21).do i have to pay my mother?Also,the contract was signed by all 3 people involved.thank you for all help
1 Answer from Attorneys
Re: contract for car
The document that you quote is very confused and confusing. In some parts it reads like a note. In others it reads like a contract.
If a court treats it as a contract, your mother is in breach because of failure to deliver title to the car to you. You are the aggrieved party and can either sue to get the car (for the $4000) or rescind (cancel) the contract.
If a court treats the document as a note, you may have to pay in spite of not receiving title to the car, but you can sue to get title.
If you don't want the car or can't afford it, cancel the contract in writing and let things go from there. A suit is not the end of the world; it is simply a peaceful means of resolving disputes. The issues of fairness are on your side. There are instances where you might become obligated to pay for something that you did not receive, but judges usually bend over backward to avoid that kind of result.
Select from (1) "I want the car and will pay for it as soon as you deliver good title to me;" or (2) "You have failed to deliver good title to me and I am not going to pay." Take a position. Make that position known to your mother and sister and let the chips fall where they may. A court can't make the situation any worse than it is now.
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