Legal Question in Civil Litigation in California

Almost years ago, my ex landlady gifted me a used car (1997 BMW) because she knew I didn't have one at the time and she was well off enough to afford it and took a liking to me to realize how important it was that I had a car. The car was $5,000. She originally said I did not have to pay her back and that it is a gift from her to me. However, her tune changed as soon as she bought the car and gave me the pink slip. She said I could pay her back in $100 monthly installments until it was paid off. I agreed, though I was hesitant to accept if because I was told from the start, that this was a gift and I didn't need to pay her back. She mentioned wanting having an official contract made up but she never pursued it.

I am quite independent and have always been financially responsible for myself. I've paid her over $2,000 over the last 22 months in $100 installments. The problem is that I've invested almost $1,000 in repairs to the car because it started break down within a couple weeks of use and has continued to do so up until as recently as last weekend. The car is currently sitting outside my house unable to to turn on as the battery is dead and the engine overheats immediately if driven.

Simply put, I need to buy a newer practical car that won't break down and cost me $200-$500 every time it does so. I have to sell this car or trade it in for whatever the value may be. I reached out to her to see if she wanted to buy the car back from me since she had made mention of how much she liked the car and had even said she may want it.

She was quite nasty and started blaming me for not taking it to the place she bought it from (I have), accusing me of not taking care of it and said "if you sell the car you have to pay me back the balance. I'm not going in the hole over this car." She was completely unsympathetic and wasn't understanding that I just wanted to offer her a chance to buy it back. Needless to say, I don't understand why she has changed her mind and attitude towards me so much as I've been nothing but kind to her and never asked for a dime or favor and in fact haven't seen her in over 6 months.

My question is: Is this even legal? I own the car. I signed the paperwork I needed to sign to have the pink slip. I've been fulfilling our verbal contract for almost 2 years (with proof) and there was no physical contract ever made up which states that I have to pay her the balance of the car if I don't have it.


Asked on 7/01/14, 8:02 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Even an oral agreement is enforceable. You've been paying regularly and, by doing so, you've provided evidence of the agreement. Unfortunately, she's your landlady. That complicates things because your living arrangement probably has become uncomfortable.

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Answered on 7/04/14, 9:24 am


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