Verbal Contract Laws Between States

[Carrie345]

I recently moved back to IL. While living in CA for 1.5yrs, a friend of no relation had suprised me with a 'gift' of a financed car, that I reluctantly accepted, based on the verbal agreement that the car & insurance would be in his name. A yr later after making all car payments plus insurance making his credit better, I got laid off & had to move back to IL based on the premise that I would try to ship the car with me to continue the agreement.
Due to very minimal income & 2 children I informed him of not being able to continue the arrangement, but would help find another to take over payment, less sell vehicle. He doesnt want to do. He says I HAVE to take the car & that they DONT WANT to find anyone else.
What rights do I have now living for 2 month out of state to resolve & finally close this issue. If i cant afford a car here, how could i afford to send the car & continue payment?
thanks so much

[lwpat]

If the car is in his name, then you do not own the car. For any agreement of sale to be enforced there would have to be a written agreement under the Satute of Frauds. Ship him the car and let him do whatever he wants with it.

[Carrie345]

The car has always been in his possession since I moved.
Thanks so much for your help!

[bigcountrysg]

Let me understand this. He purchased a car. You made the payments for him and paid the insurance for him. You do not have possession of the car. He has the vehicle at question. You no longer can make payments for what ever reason. The vehicle is not registered in your name, your not on the insurance or any of the finance paper work.

You informed him you no longer can make the payments. When the agreement was made, If there was no time line on this agreement. Saying you aggreed to make payments till the vehicle is paid off or something of that factor. Then you have no legal obligation to continue the aggreement.

He can not come after you for any legal repercussions either. Being there was no time line established at the beginning of the aggreement.

Now if there was a time line established then there is a Verbal Legal Binding Contract. There for he can try to prove you broke that contract. But that would be his word vs your word.

[Carrie345]

Yes, that is correct. The note, title & insurance is in his name.
He has the car in his posession since the day before I moved to IL.

In the beginning of the agreement I was just to make the payments, & that I would be willing to continue payments on the vehicle until I was able to finance a car myself. That was the initial agreement.
Then it was agreed that I was to make payments until the car is payed off. Then after that, he said he doesnt want the car to leave the state & to just leave it here & he had another person in line to take over the payments.
Last minute before I left, he changed his mind & said "no problem, i dont want it anymore you can have it"...now when I'm unable to make payments.


After numerous attempts, still not able to finance myself & my having to move back to IL I let him know through email & phone conversation that I will not be making further payments.

He's made it clear he doesnt want anyone to pay on the car but me, since he says, he got the car FOR me, which I had never asked of him.