SECOND OPINION. SECOND OPINION. I purchased a car last week as the cobuyer on the title and registration and I put 8,000

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Customer: SECOND OPINION Customer: SECOND OPINION Customer: Hi I purchased a car last week as the cobuyer on the title and registration and I put 8,000 down in the vehicle I came home boyfriend took the brand new 2021 Mercedes Benz all the paperwork and keys what is my rights JA: To start, can you confirm the state you're in? These matters can differ depending on location. Customer: NC JA: Do you have any court dates or documents relevant to this situation? Customer: Yes paperwork I had the car dealer email my check I paid down payment and the llc paperwork for the business we were starting and he ghost me 1 day before thanksgiving JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you. Customer: yes I can everything was gone also i income was 80,000 his was 40,000 on the loan Customer: Chat is completed
Answered by Attorney Wendy in 3 mins 1 year ago
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Attorney Wendy
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Attorney Wendy
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Attorney Wendy
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33244 Satisfied customers

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Attorney Wendy, Expert

Hello.  My name is***** am happy to be assisting you today and thank you for using Just Answer.  As an attorney with more than 20 years of experience, it is important for me to understand the details of your situation so I can be sure to provide the best information I can for you.  Once I provide a response, you are welcome to reply back with any follow-up questions.

I am reviewing your question now and I may have some follow-up questions for you.  Once I get the information I need, it may take me a few minutes to prepare a thoughtful and complete response.  I thank you in advance for your patience.

Customer
Hi they said you will be giving me a phone call to my cell phone
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Attorney Wendy, Expert

Unfortunately, I am not currently in a position to conduct calls.  I can either help you in writing and you can request the phone call and another attorney may call; or I can opt out of your question in hopes there is another attorney available to assist you in both writing and via phone.  Just let me know which you prefer.

Customer
I bought a 2021 Mercedes Benz me and my boyfriend he was the buyer I was the co-buyer we brought it to start our new LLC business it was a sprinter van I pay the down payment of $8000 cash In a check We just purchased a van November 19th 2021 I went on vacation Tuesday came back Wednesday and my boyfriend had packed up all his clothes all his personal belongings and took the sprinter van all the paperwork he took before extra keys I never even drove the vehicle we hadn’t even had a good week with the vehicle and he just ghost me what are my rights Both of our names are ***** ***** title and the registration and car insurance we haven’t even made the first actual payment it will be due January 2022
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Attorney Wendy, Expert

I am so very sorry to hear about this situation and the way your boyfriend has handled it.  If you are both on the title, then you both have legal rights to the vehicle.  When you decided to purchase it, was the LLC already formed and did you have any written agreement as to how the van would be used?

Customer
No verbal agreement llc already formed
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Attorney Wendy, Expert

Thank you for that additional information.

Unfortunately, when two people are both listed as the buyers (and owners on title and registration) either of them has full rights legally to use the vehicle.  What that means is that if your boyfriend has essentially run off with this vehicle and will not discuss it with you, you may be forced to consider filing a lawsuit in which you could ask the court for one of several resolutions:  (1) that he live up to your general agreement to use the van in the new LLC (if you even want to remain in any business with him); (2) ask the court to dissolve the LLC and order your boyfriend to refinance the van only in his name if he is going to keep it; (3) ask the court to dissolve the LLC and order the van returned to you for you to refinance only in your name; (4) ask the court to dissolve the LLC and order the van sold, but since there is a loan on the van any sale would have to be for at least what is owed on that loan or the order would have to include which of you was to pay any amount still owed on the loan after the sales proceeds are used to pay it down.

I hope this information helps.  Please let me know if there is any part of your question I failed to answer or that may be unclear.  If you need additional assistance, feel free to reply to this message.  Do note that I am away from my computer from time to time and will respond to any follow-up questions as soon as they come to my attention.  

Please note:  This information is for educational purposes only and is not legal advice.  No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Customer
you’re saying in the first option I can ask the judge to allow him to Keep the original agreement with us using the van to work together in the LLC correct
Customer
your last option is if neither one of us wants to sell the van what does the judge do in that case
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Attorney Wendy, Expert

Yes, you could ask for him to be ordered to use it as intended in the LLC - that doesn't mean the judge will do that, but it is a thing you could ask.  If you both object to selling, the judge may take one of two approaches (and there could be other possibilities):  (1) order it sold anyway; or (2) tell you both that you will have to find a way to deal with one another if neither wishes to sell.

Customer
OK being that he stole all four of the car keys and I don’t have one and I can’t get one made because it vehicle Has to be with me to get one programmed with the judge ordered him to give me a key or possibly we can share use of the van let me
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Attorney Wendy, Expert

That is possible but most judges are not going to order you two to share a vehicle because those kinds of arrangements - unless you can work together to move forward with the LLC - are doomed to fail and end you two back in court.

Customer
Ok what type of lawyer I need to hire
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Attorney Wendy, Expert

This is essentially a contract dispute - so any general practice attorney or contract attorney should be able to help.

Customer
What about a property attorney or any type of civil attorney
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Attorney Wendy, Expert

Civil attorney is the same as a general practice attorney.  Property attorneys generally deal with real property, not these kinds of personal property.  A business litigation attorney could also help.

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