Help on Contract Laws.....?

Question

Hi guys, hope you all can provide your views or answers. This is the rough story,

Last year, a lawyer drafted out a contract for the rental of my own car to a second party. However, the person who signed the contract did not declare that she does not hold a valid driving license and proceeded to sign as the hirer and user of my vehicle. Could this be cheating, false declaration, breach of contract or others? Could I sue her for some compensation or am I at fault for not checking her documents?

Thanks for reading...
Cheers...

Hi guys,

Thanks for the replies. How about the contract? It is going against the law rite? Currently, we are not allowed to rent out our own cars except weekends. Is the lawyer committing an offence?

Answer 1

If the requirement for valid DL was not specifically addressed in the contract there is no recourse. She may have wanted the car for the roof of her car wash as an advertisement, or to fill with watermelon seeds for a contest... Wait for a missed payment, that voids the contract. Keep up the insurance, obviously with no DL she can't. A real attorney drew this up?

Answer 2

Since your lawyer drafted the document and it did not require any proof of having a driver's license, and maybe noit even motor vehicle insurance, the negligence is yours and your attorney's. She did not provide any false information.

If the agreement explicitly states that she will be the only driver of the vehicle, you can argue that the contract is null and void for her failure to dsclose a material fact necessary for the execution of the contract, but what damages you might be entitled to, unless she has an acident that puts you at risk for allowing her to use your vehicle, would be minimal.

I suggest telling her the contract is void, if that is the way it is worded, and asking for the immediate return of the vehicle, unless she proves she has a current, valid driver's license.