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Richard, Attorney
Category: Legal
Satisfied Customers: 55699
Experience:  Attorney with 29 years of experience.
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My sister agreed verbally that i could have her car as as i

Customer Question

my sister agreed verbally that i could have her car as long as i paid the car not and insurance on it. It has been a year and now she is trying to take it back. Can she legally do that?
JA: What state are you in? It matters because laws vary by location.
Customer: georgia
JA: Has anything been filed or reported?
Customer: no. the only thing maybe filed is that i have been the only name in the system that has been making payments
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have payed more than 4 thousand dollars on the car and it is an agreement that several family members know about and are aware of
Submitted: 11 months ago.
Category: Legal
Expert:  Richard replied 11 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Customer: replied 11 months ago.
Expert:  Richard replied 11 months ago.

Your sister would be in breach of contract if she attempted to do that. This is the case even if your agreement is only verbal. You have the family member witnesses to attest to the fact that you had an agreement. And, the lack of a written contract can be overcome by the concepts of promissory estoppel, detrimental reliance, and unjust enrichment. This situation arises when Person A relied upon the verbal agreement, Person A performed based on such reliance, and because Person B defaulted, such reliance is now to Person A's detriment. Where there is i) partial performance by Person A based upon the mutual promises, ii) Person A relied upon such promises to perform, iii) Person B's failure to perform would be to Person A's detriment, and iv) result in Person B being unjustly enriched, Person A can overcome the legal requirement that the agreement be in writing. Your situation would clearly satisfy all the foregoing elements. :)

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