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  1. #1
    Join Date
    Feb 2009
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    2

    Default Is a Verbal Agreement to Buy a Car Binding in California

    My question involves a consumer law issue in the State of: California

    I took over payments on a car I had planned on buying from a friend, but no title transfer has taken place, nor have I refinanced it in my name. I've had it for almost a year now and my financial situation has changed a bit and now I am unable to qualify for financing. In fact, I am filing for Chapter 7 bankruptcy. How binding is a verbal agreement on a car purchase where there were no real restrictions or any paperwork involved? Can I give it back to my friend without any legal ramnification?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Is a Verbal Agreement to Buy a Car Binding in California

    If you're filing for Chapter 7, it doesn't matter - your obligation to your friend is dischargeable.

    I suggest talking to your friend and arranging to return the car, rather than surprising your friend. Doing the right thing - returning it in good mechanical condition, tuned, with a lube, oil, filter, clean inside and out, etc. - may help.

  3. #3
    Join Date
    Feb 2009
    Posts
    2

    Default Re: Is a Verbal Agreement to Buy a Car Binding in California

    Thank you for your reply. Are you an attorney? So even though there is no paperwork on our arrangement the debt is still dischargable? That would be great, even though my "friend" won't be happy with this. Thanks.

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Is a Verbal Agreement to Buy a Car Binding in California

    When I participate in this forum, I represent myself only as a "knowitall".

    The debt you describe is dischargeable, as your bankruptcy lawyer will confirm. No, your friend won't be happy. That's why I suggested you find a way to mitigate the offense your friend will take.

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