Legal Question in Real Estate Law in California

been researching this for months. A person gifted me a car (in which I have proof that it was a gift) They financed the car and everything was in their name.They also told me that I owe nothing for the car and that they were going to take car note. I have a witness to this statement. So one day I was driving and I neglected to put my seat belt on. The officer asked for registration and insurance. I only had the car for two weeks and the officer would not take the paperwork that is affixed to the windshield from the dealer. So the officer impounded the car. The person got the car out of impound and gave me the car back. A few weeks later they told me that they wanted the car back. Initially, I refused because it was a gift. They told me that they could not make the payments for the car. I offered to make the payments for them. They said no. I gave them the car back and now they are writing me letters stating that the car is a hardship (i guess that the dealer would not take the car back or they did not take the car to the dealer.) In the latest letter they sent me, they stated that my keeping the car was conditioned if they were to receive the settlement that they were expecting. This issue was never brought to my attention. Needless to say they did not get the money. They have the car and continue to write me letters. Do I have any legal obligations? and what can I say to the person to make them understand that they have the car and now it is their problem. I offered to make the payments and they refused to accept. And can I inturn sue them under the fraud and misleading?


Asked on 11/08/11, 9:55 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Whether the the car was a gift or not, you returned it to them, so there seems no basis for them to write to you about it. You do not say what they want you to do. You do not owe them anything.

Read more
Answered on 11/08/11, 11:43 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

What has your research shown you? Have you reached any conclusions?

Here's my opinion. First, a gift is ordinarily complete and final when the possession of the item is turned over by the donor to the donee with the express intention of making a gift of it, and the donee accepts it. However, transferring ownership of certain property also carries with it a requirement for preparation, execution and filing or recording of certain paperwork. Examples include real property and automobiles. (Note that automobiles are NOT real estate or real property. They are personal property). Also, transferring ownership of property encumbered by a lien does not transfer the property free of the lien; the lien remains attached to the property. So, if someone gave you an automobile as a gift, there is an argument that failure to complete the DMV paperwork to transfer registered ownership fails to transfer legal ownership. Also, any financing done by the buyer would stay in place and the lender's right to repossess the vehicle would not be affected by the attempt to give it away as a gift.

Read more
Answered on 11/09/11, 9:56 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California