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I have a situation where my son gave his father $2000.00…

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Hi, I have a situation...
Hi, I have a situation where my son gave his father $2000.00 check payment for purchase of a 2016 kia soul when he was 17. His father promised to put it in his name when he was finished with the remainding payments on the car. my son had the car for a month and got into trouble with law enforcement and his father took the car from him and now wants him to sign a contract saying he will only give the car back if he agrees to sign the contract that says he will not be given the car back or his money back and his father will keep it if my son does not comply to this open ended contract that his father has written. we don't trust that his father will give him the car back either way. Can we sew him for the $2000.00 for the car which was never given to him in the way it was promised? Do you think a judge would side with my son?
Submitted: 2 months ago.Category: Consumer Protection Law
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5/30/2018
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 2 months ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,862
Experience: Attorney experienced in commercial litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Well, if the father proves he is doing this for disciplinary reasons and there was no initial written agreement on the car, then legally your son will have a problem getting a judge to agree to return your son's money. Your son gave him the justification by getting in trouble with the law to insist on this type of contract and as long as there was no other prior written contract, the father can justify insisting on this type of agreement.

If your son signs the agreement and the father does not comply even though the son complies, then your son can sue the father for breach of contract.

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Customer reply replied 2 months ago
Okay, but when my son gave him the money by check for payment for the car the incident with law enforcement had not occurred and the contract concerning the car was written up by his father a month later when the incident occurred. My son refuses to sign the contract that his father wrote up.. the sale of the car and this new contract that his dad wrote up have nothing to do with each other. My son also turned 18 weeks before the incident occurred and jonathan my son has never lived with his father.
Customer reply replied 2 months ago
now that he's 18 and has not signed the contract and his father refuses to give him the car unless he does what do we do?
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 2 months ago

Thank you for your reply.

I understood the contract was written up later. The problem is that prior to this there was no written agreement on the deal with the car and until he was 18 he could not sign. So, if he does not want the car and wants to walk away he can do so.

Now as far as the $2000, based on what you are saying, if your son gave him the money by check and can show the payment, your son can sue in small claims for return of the money as a loan to his father and could win by claiming he loaned it to his father to buy the car and the cancelled check would be proof and then let dad keep the car and go buy another one when he wins his case in small claims.

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Customer reply replied 2 months ago
But the car in question is a car that his father owns. he was buying the car from his dad. Also is it a binding agreement since my son was 17 at the time of purchase of the car and he was a minor? all we really want is the money back that we gave him for the purchase of the car.
Customer reply replied 2 months ago
he refuses to give the money back either way
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 2 months ago

Thank you for your reply.

As stated, if your son has the cancelled check showing he gave the father $2000, he can sue for return, since the father is not signing over the car as you said. The only issue is that he had no written agreement on the payment until after the fact, so your son has to prove in small claims what the agreement was

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