Legal Question in Civil Litigation in California
Rescinding a gift
Hello, I have a friend who is fairly wealthy. A few months ago he decided to give me a car, stating ''no strings attached and that he just wanted to help me and he can't take the money with him anyway.'' Come to find out, this is not how he felt at all, and wanted more than friendship. Now he is threatening to take the car back. He kept himself as lienholder so ''if something happened to me, the car would go back to his estate.'' So I am the registered owner, there is no contract or anything in writing other than some e-mails he sent me. Can he legally rescind this gift? Thank you very much.
2 Answers from Attorneys
Re: Rescinding a gift
A true gift cannot be rescinded. It becomes the recipient's property, and taking it back is theft. The question is whether the transfer of the car legally qualifies as a gift, or whether it was something else.
I am puzzled by your statement that there is a lien on the car. A lien is security so that the lienholder can claim the car in the event of a default, but if you aren't paying him anything and you hold the pink slip, I don't see what you can default on. Have you borrowed money from him that you are still paying back?
It may be that this man described the car as a gift but actually tried to retain some ownership interest in it. Depending upon what he has done, it might be difficult to overcome his claim. Without more facts, I can't say how strong his claim to the car might be.
Re: Rescinding a gift
A true gift cannot be revoked. Was title transferred to you name? Is there any evidence or writings to show that you are the owner, including license receipts, etc. We will need to review your documentation to see if you have a case.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
