[tmcoble]

I had a supposed friend promise over email to give me a car as a gift. She set up meeting time and place with my wife to pick up the car. When my wife arrived at her house to get the car, nobody was home but the car was on the street, cleaned up and ready to go. My wife went to get breakfast, came back and still nobody home. She went home and tried to email and call, but they are answering the p hone and hanging up right away, and have blocked us from email. I was told by co-workers that those emails in which she promised to give us the car are considered a binding contract and we have a small claims case against her to get the car. Is this true? Anybody have any advice?

[Curlyben]

As this was offered as a gift NO contract was entered into or even implied.
There is nothing legally binding in this e-mail at all.

[oneguyinohio]

The owner of the car was not given any consideration ($ or other items of value) for the car, so has every right to change her mind before the car was actually given... which would have been when the title was signed over.

[tmcoble]

The owner of the car was not given any consideration ($ or other items of value) for the car, so has every right to change her mind before the car was actually given... which would have been when the title was signed over.

The fact that the emails show us offering money but her demanding we take it for free don't mean anything?

[oneguyinohio]

Means she is odd. I suppose if you took that evidence to court, along with showing a cost for yourself in trying to complete the transaction... you might find a lawyer willing to try to force her to follow through with completing the transaction or at least repaying you for your time and expenses... if a judge found in your favor, but that would be a big if.

She could always say she changed her mind or something. The car was not offered to you conditionally... or if you did something for her... so it would be like me sending you an email saying that I give you my car. Just because an email says it, doesn't mean that I have actually given it because of it having a title.

She could always claim that she felt pressured or something in dealing with you not wanting to lose the friendship, so made the offer under duress or some other mental state, but came to her right mind before completing the transaction.

[RubyPitbull]

Guyinohio, "conditionally" is the key word. There weren't any conditions.

Tm, it doesn't matter that you offered money. She told you to just "take it for free". The point is she viewed this as a gift. Then, she simply changed her mind and reneged on her "gift". Yes, the way she handled it was very rude and inconvenienced your wife but what she did is not illegal. It isn't illegal to change your mind about giving a gift to someone.

[Fr_Chuck]

There was no valid contract, a gift can not be inforced. Had she agreed to accept 400 dollars for it, and you both agreed, and then went to get it, the court may accept this as a valid contract, but as a gift, no.