Legal Question in Civil Litigation in Florida

debt versus gift

person A gives person B 8000 dollars to buy a boat. Person B repeatedly tells person A that he does not want to accept the money and feels uncomfortable accepting it. Person A repeatedly counters by saying ''take it, it means nothing to me'' and assures Person B that A wants niether repayment or the boat. The boat is bought, registered and titled to Person B. Over the course of a year, B raises the issue of being uncomfortable with the gift and tries to set up a repayment system. Person A repeatedly states that A wants niether money or the boat. Person A and Person B have some conflict and decide to part ways. Person A then demands repayment of the 8000 dollars. Person B offers to pay 4000 dollars. Person A refuses this offer and threatens to sue for the 8000 dollars. B did not ever ask for a loan. No contract was ever established. What should Person B do ?


Asked on 5/14/09, 11:47 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: debt versus gift

As you describe it, this is a gift. My bet is that the other person will describe it differently.

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Answered on 5/14/09, 12:37 pm


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