Legal Question in Civil Litigation in Georgia

If someone buys something for you without a loan agreement is it considered a gift or do you have to repay?


Asked on 9/12/11, 1:47 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

That depends on more information than you gave us. In more cases than not, what you describe would end up treated as a gift.

Read more
Answered on 9/12/11, 1:55 pm
S. Carlton Rouse Rouse & Co., LLC

Well you asked a loaded question...the easy answer is no you don't have to repay if there was no agreement for the "gift". However, if the "purchase" is large enough to require multiple payments, e.g. an expensive auto or an engagement ring. You may be on the hook to repay the money or return the item. You see, it becomes complex when you consider what consideration (benefit of the bargain) formed the basis of the "purchase". Case in point, if you received the item based on some future performance and you failed to fulfill your end of the bargain, you may have to repay/return the item.

There also may be some contract issues to deal with depending upon the value and type of "purchase" and the understanding of all parties involved.

If as you say, this person truly bought you this item as a "gift", then perhaps the only consideration for the purchase was the feeling of satisfaction of giving you this item. In that scenario, you would not have to repay this person for the item.

Read more
Answered on 9/12/11, 5:28 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Georgia