Is a text message legal binding?

Kimberley

I'm not sure if this is the correct thread.

I stupidly in a text message gave my half share of a bus away and I regret it. I was friends with the other Co Owner and we had a row and In a moment of madness told him the bus is his and he can have my share.

Can I change my mind?

naedanger

Kimberley wrote: »

I'm not sure if this is the correct thread.

I stupidly in a text message gave my half share of a bus away and I regret it. I was friends with the other Co Owner and we had a row and In a moment of madness told him the bus is his and he can have my share.

Can I change my mind?

Worth a read, especially the section on "delivery".

https://en.wikipedia.org/wiki/Gift_(law)

Kimberley

I don't really understand but I guess it answers my question that the text is a gift

JReacher1

Have you spoken to your friend? Who has possession of the bus?

I would tell him you weren't being serious and if he wants to go to court to see if this text gives him sole ownership of the bus that would be up to them to do.

I doubt they would

naedanger

Kimberley wrote: »

I don't really understand but I guess it answers my question that the text is a gift

That was not my reading of it.

If all you did was send the text message then my guess is that is NOT enough for the gift to be legally effective.

I believe (based on the wikipedia article, and to a lesser extent common sense) you would also have needed to "deliver" your share of the bus to your friend e.g. by signing over any ownership document.

How is the ownership of each share currently documented?

Kimberley

We both owned a half share and it is documented via the owner of a bus preservation group

naedanger

Kimberley wrote: »

We both owned a half share and it is documented via the owner of a bus preservation group

So is a share still documented in your name?

If so then my view is the gift has not yet been "delivered" and so you can still change your mind.

Kimberley

Thanks everyone

bris

Send him another text message saying all he has to do to get it is to pay the 50% share. make it difficult to understand your intentions and a court will default to you not being stupid enough to actually give away your share for free.


There has to be clear intention to give something away, a moment of madness can be overlooked if you convince the judge.

Owain_Moneysaver

A text message can be as binding as anything else, but in England and Wales a contract of a gift is not legally enforceable as there is no consideration (money or money's worth).

If the other person wants to enforce the contract he would have to pay you and as the amount was not stated explicitly it would be whatever was regarded as reasonable - likely to be half the bus's value.

In Scotland a contract can be enforceable without consideration. Hopefully you're not in Scotland.

cookie365

Presumably there are maintenance costs that would fall to the owner. The consideration would be that the former co-owner takes on the OP's share of those costs.