Is it legal if my daughter bought a car from a dealer but she didn’t qualify on her own, so her roommate co-signed the loan and is co-owner of the car?

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Is it legal if my daughter bought a car from a dealer but she didn’t qualify on her own, so her roommate co-signed the loan and is co-owner of the car?

Then they decided to buy another car and did the same thing. Her roommate refuses to sign either car over so the can be refinanced or sold. She cannot afford this car. What are her rights?

Asked on July 29, 2013 under Business Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It's legal if your daughter allowed her roommate to join with her in buying the cars: if he co-signed on the loans and is on the title to the cars, then he is the co-owner. Your daughter did not need to do this if she did not want to.

Now that there are two owners, if they cannot agree on what to do with the cars (e.g. keep them, sell them, etc.), your daughter can bring an action in her state court seeking a court order (injunction) ordering that the cars be sold and the debts and/or profits distributed between her and her co-owner. That is her only option if the two of them cannot decide on what to do.


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