Legal Question in Civil Litigation in Texas

is a verbal car agreement binding in texas

About 3 1/2 years ago, I acquired a car loan in my name for a friend because at the time his credit was not good. Now we are no longer in a relationship & I want to take possession of the car or have the my name taken off the loan & put in his name(his name is no where on the contract). The car will be paid for in a year. I did agree(verbally) that the car is his. He has always had possession of the car and made all payments. A few times he paid me in cash but majority by check(exact amount) to credit union. I have already taken the spare car key without his knowledge. Could I legally reposses the car w/o notifying him, since it's in my name & not his. Could he sue me? If so what are his chances of prvailing in court and getting the car back.


Asked on 4/07/03, 3:48 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: is a verbal car agreement binding in texas

You can repossess the car without having criminal charges filed. He can, and probably will, sue you for either the car with good title, or all the money he's paid for the car, or for punitive damages for the deliberate tort of conversion, where he may get a judgment for a substantial multiple of the value of the car.

His chances of nailing you in court would be excellent.

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Answered on 4/07/03, 3:56 pm


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