QUESTION

I cosigned a contract for my son's car. he defaulted on the loan. refused to give me the car but I took over payment. How can I break the contract?

Asked on Jul 25th, 2019 on Breach of Contract - Ohio
More details to this question:
My son needed a car and I agree to cosigned as long as he made payment for the car over a year ago. he defaulted on payment over 3 months ago. he refuses to give me the car even though I took over payments. can I have my name remove or his name remove from the contract.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
There are two obligations here, one you made to the lender and one you made to your son.  You are obligated to comply with your committment to the lender, which hasn't breached the contract.  Your son, however, has breached the contract, causing you damages in the form of payments you have to make to the lender; you can sue him for those damages.  Unless you had some sort of agreement with your son that he would transfer title to you if he defaulted, and can prove that agreement, I don't think that you can compel him to transfer the car to you.
Answered on Jul 25th, 2019 at 1:59 PM

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