Legal Question in Real Estate Law in Wisconsin

I gave my sister in-law a a car for free to use, becaused she asked if she could drive it till it died when I got my new one! We we're having problems with it but it still got us around and felt it would be good enough tranportation untill they found something else! I had her sign and date an agreement that she would return the car when it died or she bought something else, So I could sell it for parts or sell it whole as a parts car. Well, she has recently sold the car i gave her to use for cash and bought something else. She says I can't do nothing about it cause it was in her name. Which is true but I made her sign the agreement and register it in her name so she was'nt driving it un registered in my name! Do i have grounds to take her to small claims, and will our signed agreement protect me here? Or did she have the right to sell it? Any info or advice would be appreciated!


Asked on 1/21/12, 1:16 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

If you really believe that it is worth your while to sue your own sister over a few hundred dollars� worth of scrap metal, you certainly have the right to do so! However, I could not begin considering whether or not your agreement with her to return the car is enforceable without reviewing it. If your sister has financial problems in addition to your claim, however, she could easily discharge any obligations to your under an unsecured contract by filing a simple chapter 7 bankruptcy, likely to cost no more than $1-2,000 all total (that is, unless your contract was secured by a title lien against the vehicle, which can sometimes survive a bankruptcy. The other alternative, however, might be consider the car to have been given as an act of charity, since she certainly does not appear to be very wealthy (since she apparently needed to adopt a junk car).Attorney responses on this public website are intended only for public educational purposes rather than as legal advice for your specific situation. Responses to your questions therefore do not create an attorney client relationship between us and should not be relied upon for making any important decisions until they have been reconsidered by your private attorney. You are; however, welcome to contact my office in Racine to discuss any additional questions which you may have or to seek private advice intended for you alone. Answers on this website may also contain attorney advertising materials.

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Answered on 1/22/12, 8:03 am


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