Legal Question in Civil Litigation in Florida
Ok, my girlfriend's Dad & Step Mom told her that if she got thier old car fixed they would put the car in her name. So we spent over $600 to get the car fixed. Later they said that they couldnt put the car in her name after we paid to get it fixed. They said that they would put us on thier insurance instead but the car is on its last leg. We told them that we didnt want to do that and for them to give us our money back and we'll give them the car back. Now they're saying that they never said that they was going to put the car in her name. They're saying that they are going to call the cops and say that we stole the car. My question is can we take them to court to get our money back, since we kept our receipts and does a verbal agreement holds the same weight as a written agreement?
1 Answer from Attorneys
Verbal agreements are valid. However, whether you can prove the agreement to a judge is another matter. Mostly, written agreements supercede verbal agreements.
I'm not a judge, but based upon the facts you have given, I will say this.... It appears your girlfriend drove the car for some time. She is in possession of it. She/you put $600 into fixing it while she was driving it, and now she doesn't own it. The parents own the car, but a judge will decide what was a fair value for her using the car for the time she was in possession of it and may give you back some difference in that money you all paid into the repairs. The verbal agreement is not enforceable when the other parties denies it unless you can somehow prove it -- they admitted it to the mechanic or other neutral third party, they stated it in emails, they left voice messages which you saved, etc.
I would take them to court and let a judge sort it out. Without all the facts here, it's not possible to know what the outcome will be.
Good luck to you.