More details to this question:
Grand daughter's x-boyfriend refused to give her dog to her. He then had her meet her and said he would give dog but in return she had to sign typed document saying she would sign over her car in exchange for dog.BUT, if anything was wrong with car, he then became owner of both dog and car. Distraught, she signed so she could have her dog. She still owns car at this time. Is this document a legal document? It was signed outside a village pantry in the rain without notary presence.
1 ANSWER
While I don't think the fact that the document was signed "outside a village pantry in the rain without notary presence" matters much, from the facts you've described, it seems as if your daughter signed the agreement under duress, and it is therefore not an enforceable contract. Moreover, the provision that you've described about your daugher forfeiting both car and dog if there was anything wrong with the car (who decides if there is anything wrong?) seems like an unenforceable penalty to me. Nothing is certain, and of course the ex-boyfriend will tell a different version of events than your daughter, but I think he will have a hard time getting a court to enforce this agreement. The more clear it is that (a) the dog is your daughter's and not his, or jointly owned; and (b) that the car is worth much more than the dog, the more difficult it will be for the ex to get the contract enforced.
Answered on Mar 15th, 2016 at 1:44 PM