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How to prove a gift was given as a gift

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Alexandrad

Junior Member
Massachusetts Hi my names Alexandra I have a few questions to ask you concerning a vehicle that was bought for me at a local Toyota dealership I went with a friend of mine at the time and they had me pick out the vehicle I wanted and specifically told me and the car sales man that I his car was a gift for me I didn’t have a valid license at the time so I put it in his name and he recently got mad at me and took the vehicle back. To my knowledge in MA a gift is yours and can’t be legally taken back if I can prove it correct ? How would be the best way to prove it? Should I go to Toyota and speak to car sales man? Make a smal claim? Print messages and pictures from the dealership?
Any information will help
Thank you
 


justalayman

Senior Member
With a car it’s real easy to prove it was a gift:

The title will be in your name and you won’t owe anybody anything for it.

Other than that, it wasn’t a gift.
 

Alexandrad

Junior Member
We didn’t do that cause my license wasn’t valid but the car dealer knew he gave it to me as a gift he even told them
 

HRZ

Senior Member
ABsent the title being held I n your name....the only gift was the use you had , past tense ... and BTW the promise of a gift is about as strong as wet toilet paper... car is his....
 

Alexandrad

Junior Member
That doesn’t make sense I paid for the registration and insurance all that r just put it in his name for the reason of me not having my valid license and the car dealer even helped me pick it out and he told the guy it was mine as a gift I have pictures and texts
 

not2cleverRed

Obvious Observer
So he can just get mad at me then say none of that was true ? Um no I don’t think that’s how MA works
LOL.

You are mistaken. You have been given accurate information, based on what you have posted.

I must get better friends. None of mine would buy me so much as a matchbox car.
 

justalayman

Senior Member
So he can just get mad at me then say none of that was true ? Um no I don’t think that’s how MA works
Um, with a titled property, yes it is.

I find nothing that requires you to have a driver’s license to own a car. That means he was letting you use his car.

And if you don’t have a driver’s license, why do you need a car anyway?

The only possibility is that you prove a constructive trust was created. Given you don’t need a license to own a car, unless you can provide a reason the car would have had to remain in his name, it sure looks like it’s his car.
 

Shadowbunny

Queen of the Not-Rights
That doesn’t make sense I paid for the registration and insurance all that r just put it in his name for the reason of me not having my valid license and the car dealer even helped me pick it out and he told the guy it was mine as a gift I have pictures and texts
And he'll say you paid for the registration and insurance as a gift to him.

What were you going to do with a car you can't (legally) drive?
 

adjusterjack

Senior Member
I paid for the registration and insurance all that
That was the rent you paid for the use of the car.

Now, repeat after me:

It's not my car. I don't own it. I have no case for it being a gift.

Repeat that as many times as it takes to convince you.

Ultimately, though, if you still believe it's a gift, then sue him in court and get a judge's ruling.
 

Just Blue

Senior Member
That doesn’t make sense I paid for the registration and insurance all that r just put it in his name for the reason of me not having my valid license and the car dealer even helped me pick it out and he told the guy it was mine as a gift I have pictures and texts
Did you drive this car?
 

Just Blue

Senior Member
So he can just get mad at me then say none of that was true ? Um no I don’t think that’s how MA works
I live in MA. Yes. That is how it can work. I gonna make a bet that you never bothered to get a valid license and yet continued to drive the car. THUS...putting the friend on the hook for and and all accidents and injuries you cause.
 

Mass_Shyster

Senior Member
Look at

EDINBURG vs. EDINBURG, 22 Mass. App. Ct. 199 (1986)
http://masscases.com/cases/app/22/22massappct199.html

As a general rule, to sustain a transfer as a gift, there must be evidence of donative intent on the donor's part, combined with evidence of delivery of the property to the donee, or someone acting on the donee's behalf, in a manner that surrenders dominion and control. Kobrosky v. Crystal, 332 Mass. 452 , 460 (1955). Silverman v. A. & L. Heel Corp., 353 Mass. 108 , 110 (1967).
In this case, it appears that the donor did not surrender dominion and control because the title remained in the donor’s name
 

justalayman

Senior Member
Look at

EDINBURG vs. EDINBURG, 22 Mass. App. Ct. 199 (1986)
http://masscases.com/cases/app/22/22massappct199.html



In this case, it appears that the donor did not surrender dominion and control because the title remained in the donor’s name
So I guess that IS how it works in MA.
 

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