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My friend just bought a car from the dealership and her husband is on the financing; however, he never signed the paperwork
Can she return the car to the dealership because all of the paperwork hasn't been signed? Is the loan not official?
I don't know how the dealership would let your friend take the car home if her husband is the main buyer.
Talk to a lawyer. Statute of Frauds requires certain contracts to be evidenced by a signed writing. Uniform Commercial Code has statute of frauds provision for transfer of goods over $500. Although that may not apply becuase the issue is the loan, not the car transfer. Loan term is probably for longer than a year which is a usual trigger for Statute of Frauds, but if there are no prepayment penalties, then it could be performed in under a year and may not count for SOF in some jurisdictions. Even if SOF does count there are usually a lot of exceptions.
ETA: loan term and prepayment penatlties probably don't matter. Fact is the contract could be performed in under a year so SOF may not apply. At least not under that prong. I can't remember the other prongs, transfer of real estate obviously doesn't apply.
@meka1984 wrote:My friend just bought a car from the dealership and her husband is on the financing; however, he never signed the paperwork
Can she return the car to the dealership because all of the paperwork hasn't been signed? Is the loan not official?
Its very hard to get into "friend of mine" issues since invariably facts and the direct story are missing, and its hard t get informative answers to specific question to help guide the advice.
The facts are listed in the post earlier. Nothing more and nothing less.
Meka, he is correct in the fact that is hard to respond because you have only given us a small sample of the information. I would be interested in what documents she signed and how his name was included in the first place. No car dealership is going to allow for someone to include a co-signer without the co-signer present to a) authorize his/her credit to be pulled and b) sign the contract that will bind him/her to the purchase and the financing. Not only would no car dealership allow this, neither would a lender allow someone to be placed onto a note without their signature on the promissory note. If your friend somehow managed to include a co-signer without his consent, it would be fraud.
The dealership allowed the husband to be a co-signer bc he works overseas and there are special provisions in place for extreme situations such as this. Honestly, this is all the info that I have.
@meka1984 wrote:The dealership allowed the husband to be a co-signer bc he works overseas and there are special provisions in place for extreme situations such as this. Honestly, this is all the info that I have.
Well, that is a little fact that should have been included in the initial post, so apparantly there is more to this story even though you protested there was not.
If those special provisions are a Power of Attorney and or other instruments of transfer of power, and the "friend" used those instruments, her husband not signing is not an issue.
He gave the power of attorney, if she used it to get a car, they are a car owner with or without his signature on the car paperwork, the POA does that. He is an owner of a car. Those provisions if used make it a legal deal.
There is no get out of car free clause if the proper paperwork was used. I am somewhat shocked that your "friend" has not apaprantly expressed to you if she used those special provisions to get a car, and I am really shocked that she thinks that using them properly gives her some degree of well I do not want it now.
Many, Many servicemembers who give spouses, or family members power of attorney prior to deployment come home to find a wide variety of unexpected events have taken place in their name.
If no power of attorney or like instrument was used, you know what, get some facts and come back since we are literally throwing darts at different idea and solutions with no idea what really applies.
No attroney can help unravel this if the "provisions" were invoked.
A friend of the family and his dad owned a golf course. the friend took a 2 year overseas contract and was sending money home to his dad. There was huge amounts of construction on the golf course, a new club house was built and they expanded it by 9 more holes. We all thought it was a combination of the son sending his paychecks back and that business had just improved.
A year after the son had come back, he embarked to get a house of his own, to find that his father had taken out hundreds of thousands of dollars in loans out in the son's name, which he used to fund the construction on the course.
lawsuits and attorneys were involved- and settled.
Pull out the loan agreement and it will show if their is a co-signer on the vehicle. Then call the bank that is financing the vehicle and inquire as to who's names are on the actual loan. Ask if it is required for both the loan applicant and co-signer to sign for the loan. If they say it is, then notify them that the co-applicant signed nothing (nor agreed to signing anything as well). This should infact make the loan void and the dealership will have to take the car back as their is no current financing for the vehicle. Be aware that the dealership may charge mileage fees, etc for the vehicle that was driven.
@Anonymous wrote:Pull out the loan agreement and it will show if their is a co-signer on the vehicle. Then call the bank that is financing the vehicle and inquire as to who's names are on the actual loan. Ask if it is required for both the loan applicant and co-signer to sign for the loan. If they say it is, then notify them that the co-applicant signed nothing (nor agreed to signing anything as well). This should infact make the loan void and the dealership will have to take the car back as their is no current financing for the vehicle. Be aware that the dealership may charge mileage fees, etc for the vehicle that was driven.
1- the person making the inquiry is not the person with the deal.
2- As I have stated, if a Power of Attorney or similar structure was used, the HUSBAND does not need to have signed anything. All of that calling around and saying this and that would be unwise, potantially fraudulent, and non -productive.