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verbal agreement

Discussion in 'Car Sales, Dealers, Repairs, Lemon Law' started by tryme6282, Apr 30, 2004.

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  1. tryme6282

    tryme6282 Law Topic Starter New Member

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    I made a verbal agreement with my fiances brother to sell him my camero the agreement was he would pay $1500 down and $136 a month til paid off. (title is with wells fargo where i took out personal loan and used car as colateral and of course he knows this) and he was to pay insurance on car Well he has had car for 15 months still owes $300 0n down and missed first three payments and has only paid three months insurance. After he missed three payments we took car back. He came over and told us how he was being evicted from his apartment and was having financial problems. So I told him he could stay with me and his brother for two or three months to get back on his feet and catch up what he was behind, well almost a year later he has not caught up what he was behind and only occasionally paid on insurance that i have kept on car. I have letter from loan company for intent to default and money order stubs from payments he missed. Well I finally realized he has no intention of catching up back payments or paying rest of down, so I took car back and told him he had 30 days to get out of my home. He has filed in small claims court that I told him he was 12 payments behind( i have a friend that was over when i told him he still owed for three missed payments and $300 down and insurance )he also said i removed him from home when i had told him 30 days he is sueing me for $3000 does he have a case
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    It's difficult to say what is going on here but my gut feeling is that your fiancee's brother will look like a deadbeat in court and, if he doesn't, that's what you should paint him out to be. If your fiancee agrees then his credability is shot.

    The verbal agreement should be valid and each of you had partially performed. The more difficult part is proving the terms. However, it seems that the defendant hasn't paid anything and would be hard pressed to deny some terms.

    To begin, has the defendant ever paid rent? If he hasn't, I can't imagine he would be treated as anything more than a house guest. I don't know whether you needed a 30 day notice and whether it was done properly but I can't imagine any damages would be too high.

    If I were you I would file a countersuit for all the money and ask for damages. There is no basis for suit here and it seems to be a malicious prosecution, that your fiancee's brother is trying to harrass you and get some money which he doesn't have at the same time.

    Of course, we don't know all the facts but it would seem that the brother is grasping desperately. What does your fiancee have to say about all this?

     

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