Right to sell car?

flapjackboy

OK, here's the situation.

My girlfriend's mother bought her a car to replace her old Micra as a Christmas/birthday present, but she went out and bought one with no feedback from my girlfriend. The car is completely unsuitable for her and she doesn't feel safe driving it as she has difficulty depressing the clutch properly to change gears. Her mother doesn't want her to trade the car in for an automatic that we took for a test drive that she feels comfortable in and can drive safely. The reason her mother gave was that she paid for the car, so she's vetoing any attempts to sell it and get a better car.

My question is can her mother legally do this? IIRC, the law is on our side here and that once ownership of the car was put in my girlfriend's name, it is her property regardless of who paid for it. The car was paid for in cash and there's no credit attached to it.

waamo

Who is named on the V5? It isn't proof of ownership but the person named on it is liable for things like the tax.

It sounds like this is an unwanted gift, is that right?

If so why not hand it back and say no thanks?

ssparks2003

If your girlfriend does not like the car, just give it back and then like an adult she can go out with her own money and buy her own car. Or alternatively she could be grateful for the gift.

bris

The legal answer is if the car was a gift then the daughter can do what she wants with it. The mother has no say on what happens to it.


Gifts are final, no take backs.

SouthUKMan

How about her mother acts like a grown up and puts her daughter's safety and feelings ahead of her own? So long as the car was bought outright by your girlfriend's mother (in other words, she didn't buy it on finance), then by your own description it was a gift and your girlfriend is therefore legally free to do with it as she pleases. However, as the old saying goes, their is nowt as queer as folk. Given the rather strange reaction that your girlfriend's mother gave to the idea of selling a car that her own daughter doesn't feel comfortable or safe driving - can you be totally confident she will be entirely sane if you do sell the car, and not start saying "It was my car. i was only loaning it to you. You've sold it, now you owe me the money, etc"? Families are strange beasts at times. Can you get something in writing that the car was a gift and not a loan, etc? Best to do be wise before the event and not after.

Geoff1963

Her mother doesn't want her to trade the car in . . .. The reason her mother gave was that she paid for the car

If your girlfriend now owns the car, there is no legal impediment. She can drive it, sell it, use it a lawn ornament ; or donate it to charity. However, if your GF complains to her mother that the gift was no good, that will certainly cause bad feeling.

Is the automatic more expensive ?
The trick will be for your GF to somehow explain to her mother, that she is very appreciative of the Micra, but has the opportunity to improve it, like adding aircon and a sunroof. It won't look the same ; any more than a butterfly looks like a caterpillar, even though it is the same substance.
If it is a trade-in, the purchase document will give details of the Micra ( rather than it being a cash sale to make a contribution ) ; so that receipt is a permanent record of the "provenance", that it enabled the more expensive car to be bought. Financially, and hence spiritually, the Micra is a percentage of the automatic.
Try this article :
http://www.bbc.co.uk/news/world-us-canada-40586891

Your GF will have to keep saying, and maybe believing, that her mother actually bought her the automatic, even though more money was added.
Think of it as buying someone a book token, which is always traded-in for a book.

Does your GFs mother have a male partner ? He might be able to explain it. Cars are a bit of a "bloke" thing.

hollydays

flapjackboy wrote: »

OK, here's the situation.

My girlfriend's mother bought her a car to replace her old Micra as a Christmas/birthday present, but she went out and bought one with no feedback from my girlfriend. The car is completely unsuitable for her and she doesn't feel safe driving it as she has difficulty depressing the clutch properly to change gears. Her mother doesn't want her to trade the car in for an automatic that we took for a test drive that she feels comfortable in and can drive safely. The reason her mother gave was that she paid for the car, so she's vetoing any attempts to sell it and get a better car.

My question is can her mother legally do this? IIRC, the law is on our side here and that once ownership of the car was put in my girlfriend's name, it is her property regardless of who paid for it. The car was paid for in cash and there's no credit attached to it.

You'd be wise keeping out of it. Someone once said" how sharper than a serpents tooth is a thankless child "
You say it's completely unsuitable . In what way?

DoaM

hollydays wrote: »

You say it's completely unsuitable . In what way?

The key reason is already in the OP? Begs the question though .. what is it about the clutch pedal that makes it difficult for her to press?

bertiewhite

Have you sold the old Micra and were you going to buy the automatic car yourself anyway?

If so - have you got room to just park the unsuitable car off road and let it gather dust, thereby emphasising the fact that your GF can't drive it?

hollydays

DoaM wrote: »

The key reason is already in the OP? Begs the question though .. what is it about the clutch pedal that makes it difficult for her to press?

Calling a slightly dodgy clutch totally unsuitable doesn't add up.

pinkshoes

DoaM wrote: »

Begs the question though .. what is it about the clutch pedal that makes it difficult for her to press?

Because some clutches are REALLY hard to press and stiff. It depends on the type of car you drive.

I had a Ford KA where the clutch was light as a feather, but OH's old BMW 1 and 3 series had such stiff clutches, that it really hurt my leg using the car. I used to dread being stuck in a traffic jam!

High performance cars have stiff clutches due to the torque of the engine output.

Other cars just have rubbish clutches!

If the car is in the OP's name, they are free to sell it. If it is still in the name of the mother, then they can just hand it back and say thanks for the gift, but no thanks.