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My sister talked my parents into signing their van to her so…

Customer Question
My sister talked my...

My sister talked my parents into signing their van to her so she could drive them around. Then she kicked them out of her house and won't return the van. How can we get it back? Her husband and her already have 3 vehicles

Lawyer's Assistant: Family law varies by state. What state are you in?

Pa

Lawyer's Assistant: Have you talked to a lawyer yet?

I talked to the Secretary who said it could probably be called a gift

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It definitely was not that. She also kept some other items when she removed them from her house

Submitted: 6 months ago.Category: Family Law
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Answered in 5 minutes by:
12/10/2017
Family Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 12,449
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 6 months ago
Ok
Family Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thanks so much for your patience. So, if I . understand you correctly, they signed over their van, and you're wondering how they can get the van back, correct?.

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Customer reply replied 6 months ago
My elderly parents need the van back to go to Dr appts etc
Family Lawyer: Legal Eagle, Lawyer replied 6 months ago

I see.. But they signed the van over to her, correct?

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Customer reply replied 6 months ago
They paid for the van along with inurance etc
Customer reply replied 6 months ago
She talked them into signing it over to her because she just moved them from Florida so she could "take care" of them. And they couldn't get it registered in pa
Customer reply replied 6 months ago
They trusted her and then she told them to get out of her house 3 months later.
Family Lawyer: Legal Eagle, Lawyer replied 6 months ago

I understand. It is possible they would have a cause of action under the law. This appears to be a case of fraudulent misrepresentation if she induced them to give her the vehicle under the pretense that she was going to take care of them, but then decided not to. Basically, fraudulent misrepresentation is when someone intentionally makes material statement or makes a material omission that induces someone else to enter into an agreement. The other party can also be held liable for negligent misrepresentation if they state a fact that induces the other party to enter into an agreement without having reasonably checked on the accuracy of their statements. A fraudulent or negligent misrepresentation can lead to the rescindment of a contract in addition to a payment of damages to the other party who was misled.

What other questions did you have for me?

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Customer reply replied 6 months ago
Am attorney I spoke with seems to think it would be called a gift. What should I do
Family Lawyer: Legal Eagle, Lawyer replied 6 months ago

It's something they'd have to argue in court, sadly, to show that this wasn't a gift, but that it was a sale and a condition of the sale was that she would help them back and forth to their appointments. As elderly people being taken advantage of, they may have a good case if they were to take it to small claims court because they would likely elicit some sympathy from the judge. They may have to prove that it wasn't just an outright gift through text messages, documents, or some other information, but it could really make a big difference. What other questions did you have for me?

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