Legal Question in Civil Rights Law in New York

Contract Dispute

I am currently in a dispute over a car. In May of 2001, a car was given to me as a gift. The affidavit of sale was marked gift and signed by the owner. On the title, there are no lien holders. I called the DMV and they said that the purchase price was $0 and the tax was showing as $0 on the car's records, which in their book says the car was a gift. According to my registration, the car was registered on May 20, 2001 (I am using the expiration dates on my current registration and my 2003 registration as proof of that since both expire on the 20th of May every two years). However, as an afterthought, the previous owner of the car made up a written contract (dated May 24, 2004) saying that I was to pay $4000 for the car. His son was the witness. I was forced into signing the contract, but it was my impression that the car was a gift. Does the affidavit of sale being checked and signed as a gift null and void the contract?


Asked on 7/23/04, 4:28 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Contract Dispute

No. But the fact that the car was given to you and accepted by you prior to the contract offer makes the contract ineffective in that at that point, the car was in your possession and the donor had nothing left to sell you.

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Answered on 7/26/04, 8:41 am


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