A member asked over 7 years ago

Arranged a car trade but now I want my car back

Hi. I got talked into swapping my registered car for another registered car. The transfer hasn't happened but we wrote out receipts for the cars. The person has now racked up toll fines and wont pay. Legally can I take my car back? Thank you.

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. From the information you provided, it is not clear whether the cars have been swapped. Below is some general information that may be of assistance. It should not be considered legal advice specific to your situation.

It sounds like you entered a legal contract with another person to swap vehicles, including swapping the registration details of the cars. It is not clear whether you also intended to exchange money as part of this transaction. In any case, it is possible that a legal contract existed, even if no money was paid and nothing was put in writing.

However, a contract will only exist if the parties agreed to create legal relations. This means the parties need to be serious about entering the contract such that one party will sue the other party if they fail to perform their side of the bargain. We do not have enough information about whether you intended to create a binding legal contract. If you and the other party so intended, then a legal contract is likely to exist.

If a contract exists, then both parties are required to uphold their end of the bargain. In your case, this means you would not be able to reverse the swap and take back your vehicle unless you expressly agreed with the other party that you could reverse the transaction if toll fines were incurred by the other party and not paid.

However, the law also says that a person may be able to get out of a contract if the other party made a false statement that induced the first person to enter the contract. If the other car owner said they would pay any and all toll fines before the swap, and you relied on this statement in agreeing to swap cars, then you may be able to lawfully withdraw from the contract and reclaim your vehicle.

Suggested way forward

It sounds like you may have a legal claim. You would benefit from speaking to a lawyer who can properly assess your situation and advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer

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