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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10484
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I signed a page of notebook paper stating I was going to purchase

Customer Question

I signed a page of notebook paper stating I was going to purchase a car from my aunt. I had the car towed to my home to have it checked by my mechanic. When I tried to return the car she refused to take it back state she had no place to store the car so I agreed to allow her to store the care at my home while she put it up for sale. The title of for the car was never signed over to me. After 4 years she informed me she was taking me to court for the original amount she wanted for the car. She continued to refuse the car until the sheriff informed it was her legal property and I delivered the car to her. Do I have a legal responsibility to buy the car?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 2 years ago.
Hi!Customerhere. I'll do my best to assist you.I can only provide general information, so a follow up consult with a private lawyer is recommended.
Did the paper state the price of the car, payments etc?
Customer: replied 2 years ago.
Just the price of the car no payment agrement.
Expert:  LegalGems replied 2 years ago.
Thank you for that information.
So in order for there to be a contract, there needs to be an offer, an acceptance, intention of legal consequences, and consideration (basically a meeting of the minds).
The terms of the contract must be specific enough so that the court can determine the parties' intent so that a remedy is evident in the event of breach. http://www.smallbusiness.wa.gov.au/business-topics/money-tax-and-legal/legal-matters/business-contracts/four-essential-elements-of-a-contract/ (valid contracts can be enforced for 6 years per the statute of limitations contained here: http://apps.leg.wa.gov/rcw/default.aspx?cite=4.16.040)
However, if a party rescinds a contract, that voids the contract. So even if there is a contract and the other party indicates an intention to void the prior contract, the rescission is effective if the intended "unwinding" of the contract is evident. If the title to the car was never transferred, and the monies never paid, and a subsequent agreement to store the car while the owner attempted to sell it to a third party, then the courts will generally find that to be a rescission, negating the existence of the contract.
If there was an agreement for storage fees, the owner of the car would be liable for that, along with any associated expenses in returning the car to the rightful owner (ie tow fees)
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Expert:  LegalGems replied 2 years ago.
-------Here is a link to help locate an attorney:
www.findlegalhelp.org and http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
Of course, should you have other questions please do not hesitate to post here.
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