My soon to be ex-husband and I sold a car to our daughter. She is making the agreed upon payments to both of us...on time. They've now had a falling out and he's demanding the car be returned to him or he'll sue her. This was a verbal agreement between us and our daughter. Is this legal?
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Consumer Law, Warranties Can verbal contracts be revoked?
- Thread Starter 133860law
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fredrikklaw
Moderator
I think not!
First things, first…
Only an offer can be revoked and only prior to it being accepted (save a few exceptions) but not a contract which can be rescinded, cancelled, or voided and only for a variety of [legally recognized] reasons and under a variety of [legally recognized] circumstance. And yes, a "verbal agreement" or contract is just as valid and enforceable as one formed by a writing.
And what exactly is your soon-to-be ex-husband going to sue your daughter for anyways, and on what basis when she has not breached the contract in any shape or form? Well the answer would be: Nothing; Zilch; Zero; Nada; because the last time I checked, Falling Out, Father-Daughter Arguments, and Being Ticked Off were not valid causes of action and his "demands" are simply nothing but an unjustified attempt at strong-arm harassment of your daughter.
You and your soon-to-be ex-husband are, for all intents and purposes, her creditors and as such cannot make such inane demands (not you of course) as long as she keeps performing under the terms of the contract by making the monthly payments at the right time and in the right amount.
He can get on her case if she should ever fall behind with or miss any payments.
fredrikklaw
First things, first…
Only an offer can be revoked and only prior to it being accepted (save a few exceptions) but not a contract which can be rescinded, cancelled, or voided and only for a variety of [legally recognized] reasons and under a variety of [legally recognized] circumstance. And yes, a "verbal agreement" or contract is just as valid and enforceable as one formed by a writing.
And what exactly is your soon-to-be ex-husband going to sue your daughter for anyways, and on what basis when she has not breached the contract in any shape or form? Well the answer would be: Nothing; Zilch; Zero; Nada; because the last time I checked, Falling Out, Father-Daughter Arguments, and Being Ticked Off were not valid causes of action and his "demands" are simply nothing but an unjustified attempt at strong-arm harassment of your daughter.
You and your soon-to-be ex-husband are, for all intents and purposes, her creditors and as such cannot make such inane demands (not you of course) as long as she keeps performing under the terms of the contract by making the monthly payments at the right time and in the right amount.
He can get on her case if she should ever fall behind with or miss any payments.
fredrikklaw
mightymoose
Moderator
You should take precautions to prevent him from taking the car. He shouldn't take it, but it is not uncommon for someone to sneak around in the middle of the night and drive away with the vehicle... then you have a whole new mess.
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