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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36225
Experience:  16 years real estate, Realtor. Landlord 26 years
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Does deceit nullify a gift?"

Customer Question

Does deceit nullify a gift?"
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone whocan. There may be a slight delay in myresponses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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That is kind of an open ended question so I would need some more details about the back story before I could give a competent answer to the question...

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If you can tell me what the situation is and how it came about, I can help..

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thanks

Barrister

Customer: replied 6 months ago.
I don't have details except the following:My son had a relationship with a woman whom he thought to be his girlfriend but who at the same time was seeing some other guy. He gave her $5,000 to pay for some expenses (taxes and tires for her car). A week later, she dumped him without saying anything and he found out that she was dating another guy. He tried to collect the money and was told "tough luck" , the money was already spent.
Customer: replied 6 months ago.
Just give me the answer based on what I have given you. Thank you.
Expert:  Barrister replied 6 months ago.

Ok, I hate to say it, but if he gave her money based on the idea that he thought that they were an exclusive couple, and she wasn't under that impression, just that they were dating, then a court is not going to order her to repay him. These type of cases are almost always thrown out unless the "victim" can prove that this was some type of scheme to defraud them from the very beginning.

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For example, if the girlfriend and the other man colluded and came up with this plan for her to start dating son just to get him to give her money, then that is fraud and theft by deception. But without a "smoking gun", like some type of admission, there is virtually no way to prove this was the case and it just legally looks like a case of a jilted boyfriend who is trying to get back at an ex that they made gifts to.

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thanks

Barrister

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