My Best friend has a girlfriend that bought him a Harley Davidson as a gift. She told him that she would let him keep it and make the payments if they ever broke up. She made that verbal aggreement and now they broke up and she is trying to go back and say that she didnt say those things. What should he do?
If it’s under her name, he can’t do anything. She can take it & he’s out a Harley. If it’s under his name, it’s his financial responsibility – regardless of who was making the payments.
This would be why you never take an expensive gift from someone if they haven’t paid cash for it…
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Under contract law, a person is only obligated to keep a promise if both parties incur a legal detriment. Gifts cannot usually be enforced as legal contracts.
On the other hand, if her name is on the paperwork for the loan, then she is liable to the lender for the balance of the loan.
On the gripping hand, if the loan is secured by a lien on the bike, and if she doesn’t pay, the loan company can seize the bike to recoup her default.
Laws vary by state, and only an attorney licesensed in your state can tell you if other specific laws might apply here.
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If it’s under her name, he can’t do anything. She can take it & he’s out a Harley. If it’s under his name, it’s his financial responsibility – regardless of who was making the payments.
This would be why you never take an expensive gift from someone if they haven’t paid cash for it…
References :
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