LawyersKey - Lawyers Key » LawyersKey » Motorcycle Lawyer » legal contract question. urgent please help?

  #1 (permalink)
: My friend is in a motorcycle "club" even though it's more like a gang but that's another story anyways. He's in this club and stupidly signed a "contract" saying that if he left before 5 years they could take his bike. The contract is not notarized and I've never seen it but he claims that's why he won't get out is because he doesn't want to loose the bike. I think it's just to scare the people from leaving but is it really true. Can it really hold up in court? It's not notarized or anything like that from what I know

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  #2 (permalink)
: I would like to be more helpful, but it is impossible to answer your question without knowing exactly what the contract says. Here are some general principals of contract law.

1) A contract doesn't have to be in writing, unless the law says it does. If your state requires a written contract for transfer of a bike and it isn't written, your friend may have an out.

2) A contract doesn't have to be notarized unless the law says it does. Most contract's aren't notarized, typically just those relating to real estate and certain papers filed in court.

3) If your state says title to a bike can only transfer through the DMV and your friend didn't agree to give them title, he might have a defense.

4) If he didn't get anything in return for his promise to surrender the bike, he may have a defense.

5) If the contract included anything illegal or against public policy, a court won't enforce it and your friend might have an out.

6) If the guys in the club are not legal geniuses and prepared a poorly drafted contract, there could be other loopholes.

But again, can't know without reading the contract. Also, don't forget about when the practical is more important than the legal. If the club is really a badass gang, contract law might not be the most important of your friend's concerns.
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  #3 (permalink)
: Thanks. He claims it's not but I honestly don't know all I know is he's changed after this crap and just saying the only concern is loosing his bike but I honestly don't know if that's the whole story.
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  #4 (permalink)
: Notarizing doesn't matter much. But if this was written by some bikers there's a good chance they messed something up. Show it to a lawyer.
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  #5 (permalink)
: A contract does not have to be notarized. It may hold up in court. If it is properly signed, dated and both he and the club have something to gain by the contract. However, if the club is doing illegal things and he feels he needs to get out now, he can probably come up with delay tactics like, he can't make a meeting because his mother is very ill - make up a lie like she has cancer or something. Then he can spend less and less time in the club, with the guys. ...pressure from the family to be with her. But, he had better make sure that he is with her because they may check up on him and he probably doesn't want to get beaten up.
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