Legal Question in Civil Litigation in Florida
My ex gave me his old car. He first had me convinced that it is worth $4,000 that I had to pay him and I DID sign a hand written agreement but later that day he gave me the signed title and told me he tore up old agreement and is just giving me his old car. He now is taking me to court to get money out of me that I don't have AND PRODUCED THE AGREEMENT HE SAID HE TORE UP. the car is titled in my name and only worth $2,100. Will I have to pay him the 4,000 or should I just give him back his car that he gave to me
3 Answers from Attorneys
Ever hear of "caveat emptor" which means "buyer beware"? You should have looked up the blue book value of the car before signing an agreement to purchase it. The price is not so far beyond anything reasonable so as to make the contract unconscionable. I do not see a valid modification of the agreement, but that would be your best argument, in my opinion. You can't just give him the car back if you are bound by the agreement.
I know that's not the answer you want, so please don't shoot the messanger.
If you signed an agreement to pay him $4000 for the car, then you owe him.
If he said he tore up the contract and gave you the car for free, then the car is yours for free. You don't have to pay. But here's the problem: how are you ever going to prove that he said he tore up the contract and was giving you the car for free? He's got a signed contract with your signature on it. If you only have your word against his, I'm afraid you'll probably lose, and the judge will give him an award of $4,000.
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