Orlando, FL asked in Business Law, Contracts, Civil Litigation and Personal Injury for Florida

Q: My daughter's boyfriend traded her car without her knowledge and took the upgraded car in his name without reimbursement. What legal action can she take in Florida?

My daughter's boyfriend traded in her car for an upgrade as a "surprise" without her knowledge. She owned the original car and signed no paperwork for the transaction, and the new car was in his name. They've broken up, and he took the car, promising to reimburse her for the trade-in value but hasn't. She hasn't contacted the dealership or authorities yet. What legal steps can she take to resolve this issue in Florida?

2 Lawyer Answers

A: I guess the real "surprise" was when the now ex-boyfriend drove off with the car he had ostensibly bought for your daughter. You question has many issues, but at its core, if the boyfriend used the car belonging to your daughter as partial payment for the new car, he is most likely guilty of forging her signature on the Transfer of Title....in addition, while he did "give" the car to your daughter, it was registered in his name. As a result he is guilty of Conversion or Grand Theft. I find it hard to believe this transaction was done with no paperwork.

Have the police been notified? Have you contacted the dealership where he purchased the car? I advise you that it is time to get aggressive, as I strongly doubt the "ex" is going to pay your daughter back the value of her vehicle any time soon.

Good Luck

Charles M. Baron and Terrence H Thorgaard agree with this answer

A: And she should demand that the dealership return the car to her. She can probably repossess the car, if the title is still in her name.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.