Legal Question in Consumer Law in Virginia

used cars

My son purchased a used vehicle in his name and I loaned him the money (check) to pay for it. The car died within the hour and he returned the car to the dealer. He asked me to put a stop payment on the check. Who would be liable? Him because he purchased the car or me because I wrote the check?


Asked on 10/13/00, 2:55 pm

1 Answer from Attorneys
Daniel Hawes Hawes & Associates

Re: used cars

You're assuming that either you or your son is liable. It may be that the car dealer is liable, and that neither of you is.

That said, and adopting your assumption of liability, the simple answer is, "both". You're liable on the check, your son is liable on the contract to purchase the car.

I hope that if you did cancel the check that you also returned the car (leaving it in their parking lot with the keys inside and walking away if they wouldn't accept it). It wouldn't do to stop payment and keep the car, too. Whatever you do, be consistent.

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Answered on 11/06/00, 6:42 am


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