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Oral Contract

Discussion in 'Car Sales, Dealers, Repairs, Lemon Law' started by kpnash, Jan 25, 2005.

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  1. kpnash

    kpnash Law Topic Starter New Member

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    I'd like to know your thoughts on this issue.

    A person I know was selling her car. I was interested in purchasing it so I asked how much she was asking. She said $5,000 (it's an old Volkswagon Bug). I told her that I was very interested but needed to call my husband first. He said fine so I immediately called her back and told her we'd buy it. She was very excited. We were both busy over the weekend so we decided to talk and exchange money/car on Monday. On Monday we decided to meet on Tuesday and she'd bring the title and I'd bring a check. On Tuesday she called me and told me that her husband had talked to a Volkswagon dealer and found that they should be asking more money for the car. Therefore, they were raising the price to $6,000. She didn't seem to think that would make any difference. I told her that I was very dissappointed and that we had had a verbal agreement and what she was doing was wrong in my opinion.

    Do I have any legal stance on this issue. I have a friend that was with us when the agreement to purchase and the purchase price was discussed. I also have two other witnesses whom she told the sale price to in my presence and in the presence of my other friend.

    Your opinion is appreciated.

    Thanks.
     
  2. NYClex

    NYClex New Member

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    While you probably had an oral contract, you will probably not be able to enforce it. Under the Uniform Commercial Code which has been adopted by all states with slight variations, a contract for the sale of goods worth more than $ 500 needs to be in writing to be enforced. Since she never signed a writing, no enforcement.
     

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