Legal Question in Civil Litigation in New York
Can a gift be sold?
My son was given a snowmobile as a gift by my long-term boyfriend. Two years later, my boyfriend sold the snowmobile with the intent of purchasing a new one for my son. Said boyfriend never bought a new snowmobile and we have since broke up. Is my son entitled to the proceeds of the sale since the original snowmobile was a gift?
2 Answers from Attorneys
Re: Can a gift be sold?
It depends. Did your ex-boyfriend turn over the warranty and sales receipts? can you prove the gift?
That is what you would have to do.
Re: Can a gift be sold?
If your son was the registered owner, then you have a very good case. Otherwise it could go either way based on the theory that a p[romise to pay money must be in writing to be enforceable.
A constructive trust is the alternative theory.
It will depend on the judge. i would rule for your son.
Small claims court is a good place to 'find out'. The best of luck to you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
