Legal Question in Credit and Debt Law in Pennsylvania

My ex-buisness partner and I had a fall out, before the fall-out he had a RV that he needed sold and was having trouble doing so. He then told me in person that if i help him sell it, that he would buy a laptop that i needed for school. Well the RV sold, he bought the laptop and now that he and i have had a falling out he now wants the laptop back. Do i legally have to give him the laptop? all my school work is on it and along with a bunch of personal files, had i known this would have been an item that could have been taken back i would not have put my personal info on it. Him and i had gotten into a fight before and he had tried pulling the "give me back the laptop" then but we made up and it was then he told me it was a "bestfriend gift" for helping him out and i need not worry about giving him a laptop he bought for his best friend for school. the issue im having is proving it to be a gift versus a loan.


Asked on 4/26/16, 8:11 am

2 Answers from Attorneys

Greg Artim Morrow & Artim, P.C.

A gift cannot be rescinded, period, unless conditions were placed on the gift AT THE TIME of the gift giving.

If this was a gift, and based upon your version of the facts, it is, then there is your answer.

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Answered on 4/26/16, 11:06 am

I agree with Attorney Artim. I assume you had no written contract but the agreement was that he would buy you a laptop if you helped. You helped, he bought you the laptop and gave it to you. He cannot legally ask for it back and if he tried to sue, he would have to prove that this was not a gift.

You say you are having an issue with proof. How so? Its your word against his. Up to the judge to decide who is or is not telling the truth. There is no way tgo prove anything unless you have a signed writing. In your case, you would need a signed writing saying something like "here is a laptop for my bestest friend X thanks for helping me out". If your exd friend wants to prove it was not a gift then he will need a writing signed by you indicating what exactly this was supposed to be - a contract of some type which obligated you to pay for the laptop. in a worst case scenario, I could see a judge making you pay for some or all of the laptop but in no case do I see a judge making you give it back. If for some reason a court would order that, then I would make a back up of the information and make sure you wipe the computer clean before you give it back. However, let me reiterate this would be an absolute worst case scenario. I don't think its likely based on the information you posted here and under no circumstances would I give the laptop back. You might want to write the friend a letter recalling the details about how he was going to give you a laptop in return for your help, state that you consider this a gift and that you are under no obligation to return the laptop. Its up to your friend to get it back.

You do not indicate what kind of person the friend is. People are squirrley nowadays. I suggest you make a back up of your information that is important and get rid of any personal information (like your private porn stash) just in case your ex friend decides to exercise a bit of self help by either stealing the laptop or destroying it.

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Answered on 4/26/16, 9:54 pm


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