Legal Question in Civil Litigation in Florida

Ownership of a car

My mom is letting me use her car to get to work until I can pay her for it. My name is on the car also. When we went to get my license plate for the car, we told them that my mom was giving me the car as a present so i wouldn't have to pay taxes on it. My mom and I made a verbal agreement that I would pay for the car in payments. There was NO written agreement that I had to sign. She feels that she can take the car from me whenever she wants. I have paid for all the maintenance needed to keep the car running properly. My question is this:

Can she legally take the car from me since my name is on it also?

Does the verbal agreement mean anything?

Does my mom have to subtract the amount I have spent on maintaining the car from the total price she is charging me?


Asked on 11/07/07, 7:23 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Ownership of a car

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Since your name is already on the title, you are a joint owner in the car and your mother cannot simply take the car away from you without legal action. You each have equal rights to ownership.

Your transaction evidences the problems with an oral agreement. You are trying to continue to negotiate the deal as you go. Certainly, maintenance costs are not deductible from the purchase price which you have apparently not yet paid. If you bought a car from a dealer, would you be able to subtract the maintenance expenses? Of course not.

You and mom need to sit down and put your agreement in writing. This will avoid major disagreements in the future.

Scott R. Jay, Esq.

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Answered on 11/08/07, 12:43 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Ownership of a car

If by your "name is one it" you mean that you are on the title, then your mom cannot take the car away from you. It is owned by you and her jointly.

You verbal agreement is always a problem because people can disagree on what the terms of the agreement are.

If she sold you the car, then you owe sales tax, so you have defrauded the government -- that can be a problem as well.

If I understand your agreement, the maintenance costs would not be subtracted from the purchase price.

Try to get you agreement with your mother in writing so there is no confusion. Don't ruin a relationship over a car.

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Answered on 11/07/07, 10:38 pm


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