Member Since: March 21, 2009
Answers: 4
Last Update: April 14, 2009
Visitors: 1229
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Last summer when my niece turned 16 I gave her my car as a gift, as she was about to learn how to drive. It was 8 years old and had 120,000 miles on it, a perfect car for a young, new driver.
Now, partly because the economic collapse has made it a buyer's market, my brother and sister-in-law have decided to buy a new car. However they can't afford, for insurance purposes, the gifted car, which would now become a third car in their family. So with my niece's okay they decided to sell the car which I had given her as a gift.
My question is (not for legal reasons but regarding the etiquette of the situation) should I receive any money once the car is sold? I feel like I gave my niece a gift, the type of gift which a teenager rarely receives, and that gift has turned into a money-making sale for my brother and sister-in-law, which obviously was not my intention. They see the situation differently, i.e., the car is now theirs, the picture has changed, and they can do this without regard for my feelings.
Thank you for your response. (link)
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Dear Mrs. Claus:
Giving your niece a car was a nice and generous gesture. It is unfortunate that she was not able to keep it.
Given the mileage, the car is not likely to sell for much. Attempting to obtain money from its sale is really not worth the risk of damaging the relationship you have with your brother and sister-in-law.
Gifts are not to be given with strings attached. Once you've given a gift, you no longer lay claim to it. The recipient can do with it as he or she pleases. You should not require nor expect any money from its sale.
If you had given the car to the parents and they no longer wanted it, I believe they should first offer it back to you prior to selling it. In terms of etiquette, that would be the right thing to do. However, you would still decline its return. It was a gift and if they'd find more use for the money, it's their prerogative to sell it.
If anything, your niece should expect money from its sale. The car was given to her and she is the one who is losing out. As you said though, she approved the decision to sell the car. Hopefully her parents will treat it as a loan from their daughter and replace the car at some point down the road.
Though I did not give you the answer for which you are looking, I hope you will find my advice useful.
Pete Peeves
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Rating: 5
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Thanks for answering my question. I didn't want to come off as really wanting my money back. What's more important to me is that my niece not lose out. The car after all was to be a great birthday gift for someone just starting to drive. And you're right. She deserves something - either money from the sale or some sort of compensation down the line.
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