I bought a car for a friend now I want my money back.

[Ohiogal]

Unfortunately, it will be up to the friend to prove the purchase price of the car was a gift and not a loan. Whether an unsigned contract can be that proof is a question mark. It actually indicates to me that Mbeamon intended the money to be a loan.

We have had several posters recently who have been "gifting" cars and money to friends. Where ARE all of these people hanging out? I have never had such a generous friend.

What did the friend get for the alleged loan? Not a car as that went to the friend's mother.

 

[Ohiogal]

That certainly can be an argument the friend could use in court to try to overcome the presumption of loan.

The friend is not the one who got the car. The FRIEND'S MOTHER got the car.

 

[Ohiogal]

Oh and if OP didn't give MONEY but the car as OP stated, then the person who got the loan for the car was the MOTHER not the friend.

 

[quincy]

Which, of course, complicates the idea of gift versus loan.

 

[Ohiogal]

OP would most likely have to sue the friend's Mother who benefited and who received the car in her name. More and more it becomes a gift. But if he wants to say he gifted it to the friend but put in friend's mother's name because friend couldn't own it because no license but friend has it then it runs afoul of clean hands doctrine.

 

[quincy]

The reason for the "gift" would need to be explored.

The friend/friend's mother will need to show there was an intention by Mbeamon to give the car without any condition of repayment.

It is still on the friend/friend's mom to show the car was given with no agreement to repay.

 

[HRZ]

Proving a negative may not be so easy.

Apparently a number of states have a presumption that such transfers to non family are loans not gifts and recipient bears burden to prove otherwise .

 

[quincy]

I agree that, based on the little we know, it could be difficult for the friend to show the car was a gift.

Perhaps that might change with additional facts.

 

[justalayman]

I agree that, based on the little we know, it could be difficult for the friend to show the car was a gift.

Perhaps that might change with additional facts.

Well, we have the statements of the op in this thread that strongly suggests it was a gift and the actions seeking repayment are retribution

I suspect the op has made similar statements to friends and family. After all, what guy doesn’t brag when he buys his girl a car?

 

[quincy]

I didn't read gender in the posts.

 

[justalayman]

I didn't read gender in the posts.

And in today’s world that matters? I thought you were a bit more open minded than that Quincy.

 

[quincy]

And in today’s world that matters? I thought you were a bit more open minded than that Quincy.

I meant, if I was not clear (and I apparently wasn't), I did not assume Mbeamon was a guy - so I did not see this as a guy buying a car for his girlfriend. We have only been told that the friend was a girl.

 

[justalayman]

Btw:

There was no money loaned (per the op). Op stated they purchased a car for the friend. They have proven the car (not the money) was a gift by transferring title to the car to friends mother. If the car was loaned, title would not be transferred. If op loaned the money, or even gifted the money to friend, op would say I loaned or gifted money to friend so they could buy a car but op states they purchaaed the car. You don’t transfer title when you loan something.

 

[quincy]

Btw:

There was no money loaned (per the op). Op stated they purchased a car for the friend. They have proven the car (not the money) was a gift by transferring title to the car to friends mother. If the car was loaned, title would not be transferred. If op loaned the money, or even gifted the money to friend, op would say I loaned or gifted money to friend so they could buy a car but op states they purchaaed the car. You don’t transfer title when you loan something.

Money was used to purchase the car. It is this money that may or may not have to be repaid. The friend must show that the money used to purchase the car was a gift and not a loan.

 

[justalayman]

Oh you were clear but the voice behind the words that was louder. Shame on you Quincy. Shame. In today’s world, not all romantic relationships are male/female.





Just in case you can’t tell, I am just kidding.