Can a car be transferred via contract?

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A friend of mine asked me to cosign on a car for him. He agreed to sign a contract stating that if he could not pay and responsibility for payments shifted to me then I would take full and complete ownership over the vehicle. I do not believe that he will fail to pay, but the contract does seem like a good idea.
Also his credit score is 620 and mine is 690

4 Attorney Answers

If you made the horrible mistake of co-signing, it is too late to fix with a contract like this. He can sign the contract, but if he breaches the contract with the lender he can breach a contract with you and there is little you can do. You can't take the car if he does not want to transfer it to you, and even then you could not get a clear title. You can sue for breach of contract (and if he can't pay for the car, he can't pay a judgment). Never, ever co-sign.
It cannot be said enough. NEVER co-sign for anyone.
He needs a co-signor because he has poor credit. He has poor credit because he does not pay his bills.
If you do it anyway, you will need a contract that constitutes a valid security interest under the UCC, it will have to be legally perfected, and the title will have to show you as a second lien holder in order to fully protect you. You should get an attorney to work up the papers.
Also, a co-signor is usually considered a borrower, not a mere guarantor, so your friend's late payments may affect your credit score.
No, no, no, do not do it! As the other attorneys have indicated, there is a reason this person needs you to co-sign, and it is not a good reason. I would say that you can expect this to go badly for you if you do this. Don't do it!

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