Recovery of a vehicle not being paid for
my hsband bought a vehicle for a family member on the proviso that the vehicle is paid for by said family member.
The payments have been sporadic or not at all. We would like to get the vehicle back and she is refusing says that we have to pay her the monies the she has paid thus far back to her.
She has stated that she knows her rights and that her lawyer is on standby to ensure that we give her the monies.
Is this Correct?
Dear Kelly B,
No this is not correct the car can be taken back without a court order if the car is in your husbands name. The family member will be unduly enriched and it is contrary to the agreement (thus if you return her payments)as the car is obviously being used by her and she would then have been liable for the usage, wear and tear.
Adv C Pleho