Legal Question in Civil Litigation in California
truck
I lived with this elderly man whom purchased a truck for me as a gift. I have it in writing that he purchased a car, not truck. (NO DESCRIPTION). I was the sole driver for 14 months. The only place my name was on the vehicle was that I was the main driver. He has since taken the truck back from me. I would like to know if there is a legal way to hold him to the fact he purchased this truck for me, and now he is an indian giver. The truck was financed in his name, the reason why my name was on anything was because I had no job or any income.
3 Answers from Attorneys
Re: truck
Are you for real? What did you give in return? If he is elderly, there is an excellent chance that you could be held to have exercised undue influence/coercion over him and sought to obtain a financial advantage over him, which is actionable as financial abuse under the elder law statutes; he could not only unsuccessfully defend against any legal action you may bring against him, but the Elder Abuse act provides for an award of attorney's fees.
You should get a job and stop taking advantage of elderly men.
Re: truck
You would have had to give something or a promise in exchange for the truck or the promise that the truck was yours. The promise (or other consideration) may be implied by the conduct of the parties. Call me directly at (619) 222-3504.
Re: truck
I disagree with Mr. Bravos. If you can show that the truck was indeed a gift then there is no need to show that you did or promised to do anything in return for it. The giver of a gift loses all rights to it and cannot take it back later for any reason, unless he and the recipient agreed at the time of the transfer that he could take it back under certain circumstances.
Do you know why he took the truck back? Does he deny that it was a gift to you? Was it repossessed by a finance company? If your friend took out a loan to buy the truck he owned it subject to the finance company's security interest, and that interest takes priority over your rights if the loan went into default since the buyer could only give you the rights he owned.
By the way, you use the term "I_____ giver", which is a racial slur and which is surely offensive to millions of Native Americans who would never do such a thing.
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