Legal Question in Civil Litigation in Texas
going back on a verbal car agreement
I am currently making monthly payments never late, never behind by check on a car that is in someone else's name from 1999 to present. No written aggreement exists. Verbal agreement was made between us: ''although the car is in her name it's my car''. Recently she came & repossessed the car in the middle of the night. And when I contacted her she stated I could only get the car back if I have the car refinanced in my name. Can she continue to possess the vehicle tho I'm still making payments? Can she force me to get the car out of her name at this point with 1 yr left on the loan, and I have invested over $20,000 in car payments alone? Please advise on what my options are.
2 Answers from Attorneys
Re: going back on a verbal car agreement
You really need to consult with an attorney to discuss your options, re an oral contract. Hopefully, you have all the cancelled checks, etc. for the payments made.
Good luck.
Re: going back on a verbal car agreement
The law is on your side in this situation, but you will have to avail yourself of the legal system to enforce your rights. You are what the law calls the "equitable" owner of the car, while she is the "legal" owner. A court will force her and TX DOT to transfer title to your name if you sue and prove you have been the one making all the payments. For all practical purposes, you will need an attorney, but you should be able to recover your attorney fees from her, the conniver, for breaching your verbal agreement and forcing you to have to sue to enforce it. If you're in the Austin area, give me a call.
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