Legal Question in Real Estate Law in Wisconsin
My sister's boyfriend talked her into taking out a loan for a boat he wanted and he put the title in his name without her knowing. They are now breaking up, does she have any legal rights or is she stuck with the loan without a boat due to being dumb?
1 Answer from Attorneys
Our legal system generally holds people responsible for anything they sign. If they sign something without reading it carefully or understanding it completely, they are therefore still held to the contract. Exceptions can be argued if the signing was under duress or otherwise involuntary, if it resulted from deception, or if the person signing was legally incompetent due to mental problems. However, unless these defenses are aggressively argued by your lawyer in court, they are deemed waived and judgement entered against you if the creditor sues. Your sister is not without legal protection, however. She could probably discharge her obligations on this not in bankruptcy. She could also probably sue the boyfriend for unjust enrichment or breach of implied contract. My comments here are not legal advise but rather are offered only for public educational purposes. However, you are welcome to schedule an appointment at my Racine office for further discussions.
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