Verbal Car Payment Dispute

Summary

Verbal agreements for car payments in Oregon are unenforceable under the Statute of Frauds, requiring written contracts. Payments made without a written agreement are voluntary, and charging late fees or interest is generally unenforceable. The cars condition and lack of legal use bolster your defensibility. Consulting an attorney can provide tailored guidance.

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would the fact that I’ve admitted to the agreement and made payments on the car for 16 months or so nullify the statute of frauds provision?
Making payments and admitting to a verbal agreement does not nullify the Statute of Frauds in Oregon. The law still requires a written contract for such agreements to be enforceable. Your payments are likely considered voluntary without a signed, written agreement. Would you like to consult a local lawyer for more personalized advice?
No. This aligns with my own research. I may consult an attorney at a later date.
It sounds like you've done your research thoroughly. Remember, the Statute of Frauds in Oregon requires a written agreement for assuming debt, so without that, you're not legally bound to continue payments. If you decide to consult an attorney in the future, they can offer more tailored guidance. If you have any other questions or need further assistance, feel free to ask!
Does the fact that I’ve now paid over $* for the car, when it’s not legal to drive, has a cracked windshield (when I took it over it was there, now it’s worse), and the fact that there was white smoke from the exhaust factor into my defensibility
Case Rating: *
Your payments, the car's condition, and the illegal aspects surrounding its use bolster your defensibility. These factors highlight the lack of a legal agreement and the voluntary nature of your payments, potentially undermining any claims against you. If you have further concerns, consider consulting with an attorney. Do you have any other questions?
Since there were no written terms, can he charge me late fees/interest for deciding not to make any further payments now that I’ve sent him a contract stating I’d pay nothing else unless and until the contract is activated and fully legal (including lien holder permission)?
Case Rating: *
Without a written contract, charging late fees or interest is generally unenforceable in Oregon due to the Statute of Frauds. Your payments are considered voluntary without a legally binding agreement. If you have any more questions or need further clarification, feel free to ask!
Is it illegal for him to charge those late payments since it’s not in writing with any terms ?
Case Rating: *
In Oregon, without a written agreement, charging late fees or interest is generally unenforceable due to the Statute of Frauds. Without a legally binding contract, he cannot legally charge you late fees or interest. If you have more questions, feel free to ask!