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WA What are My Property Rights Regarding Our Car Agreement?

Discussion in 'Property Law Forum' started by yvonne silver, 30 May 2016.

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  1. yvonne silver

    yvonne silver Member

    30 May 2016
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    Good morning,

    I had previously taken over payments of a car which was my ex-partner's nephew's car. He could not afford the repayments and I needed a car. His father, who is my ex-partner's brother did the deal with me

    The arrangement was for me to make payments into a finance companies bank account, which I did. I received the car on the 06.02.2016 and have made 13 payments of $250. I have also made 2 payments of $100...being an amount of $3450.The payments of $100 for the 2 weeks were because my then partner had lost his job and financially it wasn't possible to make a higher payment. Since learning that my ex-partner and I have broken up, my partner's brother has now requested I give the car back as he is saying the repayments are in debt of $3200.

    The agreement was for me to take over payments to own the car. I have paid more than what he has said is owing so I'm very confused? Could you please let me know where I stand legally and what my property rights are as he didn't transfer the car over to my name but for all intents and purposes I was to be the owner and now he is reneging on our agreement.

    He has threatened to involve the police to obtain the car but hasn't said anything about repaying me the money I have paid for it to the finance company.

    Any help will be appreciated.

    Kind regards,
  2. Victoria S

    Victoria S Well-Known Member

    9 April 2014
    Likes Received:
    Hi there,

    Technically the car is still in the nephew's name and is therefore legally his property. Unless you can negotiate with the other party to have what you paid into the car to be refunded, then your only option will be to make a claim in court and either sue for ownership in the car, or for a refund of the monies that you have paid.

    I would start by getting every piece of evidence that you can of the agreement that you concluded with your ex's brother in law (emails, text messages, diary notes of conversations etc) and the payments that you made (bank transfer confirmations, statements etc).

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