Q: My uncle promised to lend money to buy tax lein property if I won it,but backed out after. I have a fine now. Can I sue?
The promise was verbal. I needed $50 to pay off my personal property tax before I could participate in the county auction. He loaned the $50 to me and a dollar to have the auction paperwork notarized. He loaned th $50 in the form of a check. I had to Cash it at his bank.
He knew full well the consequences if I did not pay for the property the day I won. I asked him for a allotment of $2500. The property was about $2900. I had fundsoutsideof whether promised to assist in acquiring the property.
He backed out, citing random reasons. He simply said he did not trust me. He claimed my bid was too high, but the agreement was he would lend $2500. There were no other conditions. He stated the city the property was in in the county was not suitable. There were still no other stipulations to the loan.
I now owe $700+ to the county because he backed out.
A: Anyone can pay the filing fee and sue but I don’t think you’ll win a lawsuit based on an oral promise to lend money. One of the essential elements of a claim for breach of contract is “consideration.” I that element is lacking.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
