Verbal Contract With Roommate

[jase244]

I offered to buy a peice of artwork three and a half months ago from my roommate who is an artist. The price of the said peice was agreed upon to be worth 400$. I have technically paid 300$ (200$ cash over a two month period, and a computer zip drive, valued at 180$, but was nice so I made it a 100$). My roommate is moving out, and wants 400$ more, saying the peice was 600$, and not remebering the other 100$ I had given her. Everyone I have talked to says not to go through with the deal, due to the shady nature of the transaction, and because of the pressure her boyfriend is putting on her to do this. What rights do I have in this matter? This is a verbal agreement gone bad, and no one can for sure say what was agreed upon.

 

[Michael Wechsler]

I disagree with you that no one can say for sure what was agreed upon -- that is unless you are saying that it wasn't clear from the beginning that the price was $400. My understanding is that you agreed that the price was $400 but, as the payment has not been made completely, she wishes to change the deal. However, she cannot change her mind after the deal has been struck -- her promise to sell you the painting for $400 and your promise to pay. The contract is partially performed and it seems that the "agreement" has already been struck, regardless of the fact that you haven't completed payment, which was also an agreed term. If you want, you could enforce the contract for the amount you agreed under the theory of "specific performance." The painting is unique and the deal has already been made. It's up to you what you want to do. It is not uncommon for some people to try to milk a better deal by claiming that they can change their mind any time after a deal has been struck but full payment not made. It's not a reasonable or acceptable conclusion as you probably wouldn't have paid the money if you knew that the deal wasn't going to be honored in the first place.

 

[jase244]

Thank you for your input. Dealing with this matter seems much more easier.

 

[Michael Wechsler]

You're welcome. Hope it works out for you.