Saint Louis, MO asked in Contracts for Florida

Q: Can a cosigner take your vehicle and sell it even though they are not making the payments the buyer is?

My son bought a Jeep and his girlfriend took it and is trying to sell it. She is just the cosigner.

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3 Lawyer Answers
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
Answered
  • Miami, FL
  • Licensed in Florida

A: If the girlfriend is only the co-signor that means she signed the note (she is legally responsible to the finance company for the car payments).If she is not in the title itself it means that she does not have an ownership interest in the vehicle. If that is the case, she cannot sell the vehicle. Check online with the Florida Department of Motor Vehicles how the vehicle is titled. If your son is on the title it should show up under his driver's license or he can use the VIN or tag to access the records.

Good luck.

My response provides only general information and is not intended to provide you with specific legal advice, nor create an attorney-client relationship. You should not use or rely on this information without first consulting with your own lawyer and discussing your specific facts and available options in detail.

Bruce Alexander Minnick agrees with this answer

Linda Liang
Linda Liang
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: You mean co-signer of the loan? If the title is not under his name, he cannot.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Whoever's name is on the TITLE to the car is a "co-owner" regardless of who is paying car payments. If the two names on the title are connected by the word "and" that means BOTH will need to sign the title before they can lawfully sell it. If the two names on the title are connected by the word "or" that means either one can sell it without the other's consent. (NOTE: I am NOT talking about names on the LOAN agreement; everyone named on it is liable for all of it.)

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