Legal Question in Real Estate Law in California

My friend gave me a old computer for me to use for school work about three or more months ago, I have been using it ever since and now my friend and I aren't speaking anymore and is now telling me the computer was never theirs but their roommates. Now when I recieved the computer it was completely cleaned off and empty. Now the roommate is asking for their property back, even though it was GIVEN to me. He is now lying about giving it "permanently" to me. They say they will show up at my house if I don't give it back by this weekend, what legal rights do I have? Isn't this an issue they need to deal with with their roommate giving away their items? Not with me? Help!


Asked on 3/29/11, 3:51 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

If someone could clear the status of stolen property and make it into legal property by giving it to someone, the rate of theft would massive increase. If the computer was not your friend's to give, what makes you think it is your computer to keep? Is it ok if the roommates come over and take all of your property and give it to someone else; if the roommates have no money, then under your theory you can not get anything back.

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Answered on 3/29/11, 4:54 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You should ask for proof of ownership. Computers have serial numbers, and computer buyers generally have receipts, credit-card statements, canceled checks or something to show purchase. You do need to return it to the true owner, but you are entitled to some evidence of ownership.

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Answered on 3/30/11, 8:56 am


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