Check out some similar questions!

busygal · Aug 3, 2010, 10:10 AM

We have had this old auto for over 17 yrs it was giving to us bye a family member .now his family says they want it and we should hand it over.we restored the auto back to mint condition . The man never said he wanted it back but now he is in nursing home and his niece says he wants the car before he dies.the whole cost of resoreing it totals $39,000.00 and they say he won't pay for it.this niece I feel is trying to get her hands on it and resell it.does she have any rights to it? They have a title but it has been 17 yrs that we have had this 1930 model a and it is in mint condidition.what are my rights? Please can I get some help on this subject. I do not know what I should do.

JudyKayTee · Aug 3, 2010, 10:29 AM

You have restored the car over a 17 year period but have never had title to it? Am I correct?

It's his car - you can always claim there was a verbal agreement but in order to have a verbal contract you need a meeting of the minds concerning the exact terms of that contract. The fact that you haven't been given title in 17 years would indicate it's not a gift and, therefore, it's not your car.

At any point did you advise the other person that you have spent $39,000 and did you ask for that money? You cannot create a contract now if no contract existed before.

You can refuse to return the car and let the other party - or his estate if he passes - sue you but I think you will lose.

Seventeen years and no title transfer will be a big legal problem.

ebaines · Aug 3, 2010, 10:30 AM

Whoever is in possession of the title is the owner of the car, end of story. Why not talk directly to the owner (not through the niece) and make him an offer to buy the car from him?

this8384 · Aug 3, 2010, 12:28 PM

Originally Posted by busygal

we have had this old auto for over 17 yrs it was givin to us bye a family member .now his family says they want it and we should hand it over.we restored the auto back to mint condition . the man never said he wanted it back but now he is in nursing home and his niece says he wants the car before he dies.the whole cost of resoreing it totals $39,000.00 and they say he won't pay for it.this niece i feel is trying to get her hands on it and resell it.does she have any rights to it? they have a title but it has been 17 yrs that we have had this 1930 model a and it is in mint condidition.what are my rights? please can i get some help on this subject. i do not know what i should do.

This is a major problem. You say the owner "gave" you the car but you never got a title for it and never registered it in your name - there is no proof that this vehicle belongs to you. Why would you invest $39,000 into something that's not legally yours?

As advised, I would try to speak to the actual owner of the vehicle about this. Is he mentally competent?

What claim does his niece have to this vehicle? Is he not married? Does he not have any children? Does he have a will in place?

AK lawyer · Aug 3, 2010, 01:04 PM

Originally Posted by JudyKayTee

... It's his car - you can always claim there was a verbal agreement but in order to have a verbal contract you need a meeting of the minds concerning the exact terms of that contract. The fact that you haven't been given title in 17 years would indicate it's not a gift and, therefore, it's not your car.
...

Something about this I am not sure I follow.

If it were a verbal contract, and you could prove, somehow, all the exact terms, 17 years without a title wouldn't be a big problem?

On the other hand, if you say "Fine. no contract. But it's a gift.", suddenly you're dead in the water because no title was given?

I say simply take the position that, yes, it was a gift, but the giver never got around to signing over the title. He, or his conservator, estate, whatever, should be required to do so now. And if there's some defense to forcing them to do so, at least OP should be entitled to the money he has put into restoring it.

JudyKayTee · Aug 3, 2010, 01:08 PM

Originally Posted by AK lawyer

Something about this I am not sure I follow.

If it were a verbal contract, and you could prove, somehow, all the exact terms, 17 years without a title wouldn't be a big problem?

On the other hand, if you say "Fine. no contract. But it's a gift.", suddenly you're dead in the water because no title was given?

I say simply take the position that, yes, it was a gift, but the giver never got around to signing over the title. He, or his conservator, estate, whatever, should be required to do so now. And if there's some defense to forcing them to do so, at least OP should be entitled to the money he has put into restoring it.

I attempted to give both sides of the argument - I don't think a gift after 17 years when OP never asked for title is going to fly BUT you never know -

AK lawyer · Aug 3, 2010, 01:20 PM

Originally Posted by JudyKayTee

I attempted to give both sides of the argument - I don't think a gift after 17 years when OP never asked for title is going to fly BUT you never know -

On the other hand, I wonder what the giver would say?

"I loaned it to him for 17 years. I didn't know he was going to spend all that money on restoring it." ;)

Maybe, I guess.

"But now that he has, I want it back."

Ya, right.

JudyKayTee · Aug 3, 2010, 01:40 PM

Originally Posted by AK lawyer

On the other hand, I wonder what the giver would say?

"I loaned it to him for 17 years. I didn't know he was going to spend all that money on restoring it." ;)

Maybe, I guess.

"But now that he has, I want it back."

Ya, right.

Absolutely agree - OR he said he would fix it for me, that's why I never turned over the title - because I never gave it to him/her.

Time will tell.

busygal · Aug 4, 2010, 06:03 AM

We did ask for the title many and it was promised at no cost.

this8384 · Aug 4, 2010, 06:26 AM

Originally Posted by busygal

We did ask for the title many and it was promised at no cost.

That means nothing. The owner can simply say in court that you were supposed to be storing it for him, not investing nearly $40,000 into the vehicle.

I don't suppose you got anything in writing regarding this?

busygal · Aug 5, 2010, 05:30 PM

Nothing was ever put into writeing. Now the man is in a nurseing home and his niece found the title and she says her uncle would like a ride in the car and they feel that the restore model t is only worth about 10,000.00 from what they have been told bye someone else. The model t was not worth more than 500.00 dollars when we started to restore it.

busygal · Aug 5, 2010, 05:30 PM

Nothing was ever put into writeing. Now the man is in a nurseing home and his niece found the title and she says her uncle would like a ride in the car and they feel that the restore model t is only worth about 10,000.00 from what they have been told bye someone else. The model t was not worth more than 500.00 dollars when we started to restore it.

this8384 · Aug 5, 2010, 06:09 PM

Originally Posted by busygal

Nothing was ever put into writeing. now the man is in a nurseing home and his niece found the title and she says her uncle would like a ride in the car and they feel that the restore model t is only worth about 10,000.00 from what they have been told bye someone else. the model t was not worth more than 500.00 dollars when we started to restore it.

All of that is irrelevant. Unless you get the title signed over to you, you are not the legal owner. This is going to turn into a nasty legal battle if you don't get it rectified.

Fr_Chuck · Aug 5, 2010, 06:27 PM

It is common on older vechiles not to have a title, but you needed a bill of sale or some document to even title and license it normally.

As to the value, it will end up having it apprised and fighting it out in court. You would provide photos of before and after, statements of anyone that knew of them giving the auto to you and more.

Also did you get a new title for it after you restored it ?