Consumer Law, Warranties Are verbal contracts binding?

[slinky]

I met someone through my office whose brother was interested in buying a Sony TV that I was interested in selling for $300. He took the set with him last Monday and told me he'd pay me Friday. Friday comes around and he calls me to tell me that he changed his mind and that he's bringing over the TV. When I confronted him he said that we had no contract in writing so he doesn't have to keep the TV and pay me. Can he do this?

 

[Michael Wechsler]

Originally posted by slinky
I met someone through my office whose brother was interested in buying a Sony TV that I was interested in selling for $300. He took the set with him last Monday and told me he'd pay me Friday. Friday comes around and he calls me to tell me that he changed his mind and that he's bringing over the TV. When I confronted him he said that we had no contract in writing so he doesn't have to keep the TV and pay me. Can he do this?

Question whether three elements are present in determining whether a typical contract may have been consummated -- an offer, an acceptance, and consideration (some type of compensation received by each party). It seems here that you made an offer to sell the TV for $300 and this person accepted the TV in exchange for the money. It seems as though all 3 elements are present. Just because the deal isn't written and is oral doesn't mean that there isn't a valid and binding contract. An oral contract is just more difficult to prove because there is no paper trail. It would seem difficult for this person to deny that there was no ""acceptance" since he also took custody of the TV.