What to do if property that was given to me as a gift but the donor now wants it back?

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What to do if property that was given to me as a gift but the donor now wants it back?

Someone purchased 2 vehicles for my daughter and I. He took them both back once he realized I did not want a relationship with him. I have voicemails stating that I could keep my car however he recently had a change of heart and wants it back. My daughter’s car was given to her as a Christmas gift. Is there anything I can do?

Asked on January 12, 2012 under Business Law, Kansas

Answers:

EMMANUEL SOCKS / Socks Law Associates, PLLC

Answered 9 years ago | Contributor

Gifts are complete when there is an intent to donate, delivery to the recepient, and acceptance by the donee. Generally gifts of property that is subject to title required delivery of title or enabling transfer of title. If a transfer was not done, then the donor can argue that he lent the car to you for limited time usage.

The issue requires more fleshing out to really explore any nuances beyond the general  law of this area.

EMMANUEL SOCKS / Socks Law Associates, PLLC

Answered 9 years ago | Contributor

Gifts are complete when there is an intent to donate, delivery to the recepient, and acceptance by the donee. Generally gifts of property that is subject to title required delivery of title or enabling transfer of title. If a transfer was not done, then the donor can argue that he lent the car to you for limited time usage.

The issue requires more fleshing out to really explore any nuances beyond the general  law of this area.


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