Buying a Car with Brother - The Bills.com Blog
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Buying a Car with Brother
Tuesday, Jul 21, 2009
Question: I was in the process of buying a car with my brother who was going to pay cash. He is out of state and was going to send a wire transfer if the deal was right. We anticipated a trade-in but it was never written on the contract I signed. They delivered the car to my house without me realizing they were going to do so. My brother never signed any paper as co-buyer. I signed as co-buyer. The next day I asked what the trade-in amount was going to be on my trade in and they finally told me. My brother said it was to low and we did not want the car. They said I was responsible regardless. We returned the car within 12 hours and they told us we could not leave the car. We left it anyway. They have no money since my brother was going to wire the funds. They asked me to give a check for $29,000.00 for them to hold untill the money was wired. I told them I did not have that amount of money and they said that was OK. I stopped payment on the check. Is my brother who signed nothing,
responsible?Answer: You would have to consult with an attorney to know for certain if you had any legal way to hold your brother responsible. That said, he most likely is not legally responsible for anything, given that he didn't sign any contact. Courts tend not to enforce verbal agreements like this, especially when it essentially boils down to two brothers engaged in a he-said-he-said argument. Unfortunately for you, you did sign a contract with the dealer, so the dealer may keep you on the hook for this car.
So if you are interested in finding the specific legalities involved in this transaction, such as who can be held
responsible for what, I suggest you consult with an attorney in your area. The American Bar Association (ABA) has a terrific website that can connect you to a free attorney-referral service in your area, including those that specialize in helping people with limited financial resources. Visit
abanet.org
and simply select the state in which you live to find the legal service providers in your home state. The ABA's website also has additional self-help information and contact information that may help you with this situation.
Best of luck, I hope that the information I have provided helps you Find. Learn. Save.
Best,
Bill
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