What, if anything, can I do.
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What, if anything, can I do.
I worked for an individual 5 years ago. He was going through a tough time and could not pay me, so he gave me an old pick up truck that was rusting away on his back property. The deal was if I could repair the vehicle to a safe reliable rig, he would sign the title over to me. It has taken a long time but the vehicle is perfect, as good as or better than original. He now says that he wants the vehicle back. I would like to keep it but if not, can I recoup any of my expenses? I have hundreds of hours in it and approximately $5000 in parts.
Asked on December 12, 2016 under Business Law, Montana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If your contract to repair the truck in exchange for having the title transferred to you was in writing, you can enforce the contract and keep the truck and seek damages (monetary compensation for the time and expenses you have incurred.
An alternative remedy to damages would be specific performance in which the other party would be ordered to transfer the title to you.
If the agreement was oral, although the above discussion would be applicable, the problem is that the opposing party could assert the defense of the Statute of Frauds. The Statute of Frauds requires that a contract for more than a year must be in writing. If it is not in writing, the other party would have a defense to enforcement of the contract.
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