Looking for legal advice and inputs - Tilted Forum Project Discussion Community

invalidiuser · 12-10-2007, 05:12 PM

I couldn't believe this bs. So yesterday I saw an ad for a car. I went to see it and left 40 dollars deposit that I would meet him today to buy the car for the rest which was $1340. I found another one that met my needs and was $300 dollars cheaper. He called me and said that we should meet at a gas station to pay the rest of the money for the car.

I told him that I had found something better and that meets my need and that he can keep my 40 dollar deposit. He got all angry and said that he was gonna sue me and take me to small claims court.

Now why the hell can he do that? Its not as if we had a written agreement or anything. So, I was just wondering, which I dought he has any case against me. We had no written agreement, I don't even have his car in my posession and he has my deposit money for free because I said I was going to buy it but changed my mind.

He has been trying to sell it for a while from the looks of his ads. So that is why he is probably trying to scare me into buying his car.

What are your thoughts or inputs on this? Any suggestions welcome.

Manic_Skafe · 12-10-2007, 05:30 PM

I can understand being in a pinch so bad that he needed to sell the car but with the way things turned out - it seems as if you've saved yourself a lot of headaches by not doing business with him.

Try to reason with him a bit further and if that doesn't work then have the police tell him to leave you alone.

inBOIL · 12-10-2007, 08:47 PM

I'm not a lawyer, so this is probably just me talking out my ass, but you didn't have an enforceable contract because a promise to buy a car contains no consideration. The fact that your agreement was oral rather than written is irrelevant. I wouldn't respond to any further communication with the guy; there's no benefit to you doing so.

MSD · 12-10-2007, 09:34 PM

You just paid $40 for the lesson that people will screw you over whenever they can, so you'd better get a written contract.

invalidiuser · 12-11-2007, 04:49 AM

Yeah, that is what I figure to but just thought I get you guy's opinion. Thanks for the replies.

Hey a New Englander! I am also from CT also MrSelfDestruct.

The_Jazz · 12-11-2007, 07:11 AM

Here's the thing - you can't keep from being sued. If this guy wants to take you to small claims court, there's not much you can do to stop him. When he does, he's going to allege that the two of you had a verbal contract to sell the car. And you did, at least in so far as I read your OP.

The real kicker is whether or not it was an enforcable contract and if he can convince a judge that you should buy the car. Personally, I'd say that you made a good faith effort to exit the contract by letting him keep the deposit, but you really need to consult an attorney when/if this guy decides to take you to court. Personally, I think he'll calm down, realize that it isn't worth his trouble and let it slide. There isn't enough money in this deal to make it worth his time.

thingstodo · 12-14-2007, 09:02 AM

He has no proof of a verbal contract. And a deposit is there to hold a purchase with the consequence of not purchasing that you lose your deposit. End of story.

DiscretionNYC · 12-17-2007, 07:39 AM

Quote:

Originally Posted by inBOIL

I'm not a lawyer, so this is probably just me talking out my ass, but you didn't have an enforceable contract because a promise to buy a car contains no consideration. The fact that your agreement was oral rather than written is irrelevant. I wouldn't respond to any further communication with the guy; there's no benefit to you doing so.

The $40 deposit you gave him is absolutely consideration.

12-10-2007, 05:12 PM	#1 (permalink)
invalidiuser Upright	Looking for legal advice and inputs I couldn't believe this bs. So yesterday I saw an ad for a car. I went to see it and left 40 dollars deposit that I would meet him today to buy the car for the rest which was $1340. I found another one that met my needs and was $300 dollars cheaper. He called me and said that we should meet at a gas station to pay the rest of the money for the car. I told him that I had found something better and that meets my need and that he can keep my 40 dollar deposit. He got all angry and said that he was gonna sue me and take me to small claims court. Now why the hell can he do that? Its not as if we had a written agreement or anything. So, I was just wondering, which I dought he has any case against me. We had no written agreement, I don't even have his car in my posession and he has my deposit money for free because I said I was going to buy it but changed my mind. He has been trying to sell it for a while from the looks of his ads. So that is why he is probably trying to scare me into buying his car. What are your thoughts or inputs on this? Any suggestions welcome.

12-10-2007, 05:30 PM	#2 (permalink)
Manic_Skafe More Than You Expect Location: Queens	I can understand being in a pinch so bad that he needed to sell the car but with the way things turned out - it seems as if you've saved yourself a lot of headaches by not doing business with him. Try to reason with him a bit further and if that doesn't work then have the police tell him to leave you alone. __________________ "Porn is a zoo of exotic animals that becomes boring upon ownership." -Nersesian

12-10-2007, 08:47 PM	#3 (permalink)
inBOIL I have eaten the slaw	I'm not a lawyer, so this is probably just me talking out my ass, but you didn't have an enforceable contract because a promise to buy a car contains no consideration. The fact that your agreement was oral rather than written is irrelevant. I wouldn't respond to any further communication with the guy; there's no benefit to you doing so. __________________ And you believe Bush and the liberals and divorced parents and gays and blacks and the Christian right and fossil fuels and Xbox are all to blame, meanwhile you yourselves create an ad where your kid hits you in the head with a baseball and you don't understand the message that the problem is you.

12-11-2007, 07:11 AM	#6 (permalink)
The_Jazz Asshole Administrator Location: Chicago	Here's the thing - you can't keep from being sued. If this guy wants to take you to small claims court, there's not much you can do to stop him. When he does, he's going to allege that the two of you had a verbal contract to sell the car. And you did, at least in so far as I read your OP. The real kicker is whether or not it was an enforcable contract and if he can convince a judge that you should buy the car. Personally, I'd say that you made a good faith effort to exit the contract by letting him keep the deposit, but you really need to consult an attorney when/if this guy decides to take you to court. Personally, I think he'll calm down, realize that it isn't worth his trouble and let it slide. There isn't enough money in this deal to make it worth his time. __________________ "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - B. Franklin "There ought to be limits to freedom." - George W. Bush "We have met the enemy and he is us." - Pogo

12-14-2007, 09:02 AM	#7 (permalink)
thingstodo A Storm Is Coming Location: The Great White North	He has no proof of a verbal contract. And a deposit is there to hold a purchase with the consequence of not purchasing that you lose your deposit. End of story. __________________ If you're wringing your hands you can't roll up your shirt sleeves. Stangers have the best candy.

12-10-2007, 09:34 PM	#4 (permalink)
MSD The sky calls to us ... Super Moderator Location: CT	You just paid $40 for the lesson that people will screw you over whenever they can, so you'd better get a written contract.

12-11-2007, 04:49 AM	#5 (permalink)
invalidiuser Upright	Yeah, that is what I figure to but just thought I get you guy's opinion. Thanks for the replies. Hey a New Englander! I am also from CT also MrSelfDestruct.