Seller sold out after contract....

[sfhighroller]

Today I (16) went with my brother (24) to look at a really nice '93 325i w/89K. The guy was asking $7,500, which seemed to be a fair price. We called around and then decided to buy it. I gave the guy a $200 cash deposit and my brother wrote him a check for $7,500 and he wrote a receipt for the down payment and the acknowledgement of the check. Then the agreement for us to come back later on that night with the cash or a cashier's check, and he would give us back our personal check and the deduct the $200 from the sales price. This was a private seller.

Then this afternoon when we had the cash ready, to complete the transaction, he indicated via phone, that he sold the vehicle to a third party buyer in cash for more money.

Does anybody know besides the obvious breach, what are my damages and what is my recourse for such an act of bad faith?

I'm very frustrated. Thank you for your help.

 

[I AM ALWAYS LIABLE]

Today I (16) went with my brother (24) to look at a really nice '93 325i w/89K. The guy was asking $7,500, which seemed to be a fair price. We called around and then decided to buy it. I gave the guy a $200 cash deposit and my brother wrote him a check for $7,500 and he wrote a receipt for the down payment and the acknowledgement of the check. Then the agreement for us to come back later on that night with the cash or a cashier's check, and he would give us back our personal check and the deduct the $200 from the sales price. This was a private seller.

Then this afternoon when we had the cash ready, to complete the transaction, he indicated via phone, that he sold the vehicle to a third party buyer in cash for more money.

Does anybody know besides the obvious breach, what are my damages and what is my recourse for such an act of bad faith?

I'm very frustrated. Thank you for your help.

My response:

Your post indicates that you breached the agreement, and you're only entitled to the return of your $200.00 deposit.

IAAL

 

[sfhighroller]

How did I breach the contract? He sold the car after we had a verbal agreement that we would bring the rest of the money later on. We left him a $200 deposit and a check for $7,500, and he wrote us a reciept stating that he had the money.

 

[Bonni623]

no legal advice to offer here, but have you stopped payment on that check? if not, you better, or not only did he sell that car for more money, but he'll have your money too.


Good luck!

 

[I AM ALWAYS LIABLE]

"How did I breach the contract? He sold the car after we had a verbal agreement that we would bring the rest of the money later on. We left him a $200 deposit and a check for $7,500, and he wrote us a reciept stating that he had the money."


=========================================


My response:

I knew you were going to say that, which is why I didn't go into detail in my first response.

Your own "Freudian slip" sank your ship when you said in your first post - -

"Then the agreement for us to come back later on
that night with the cash . . ."

Then, you stated - -

"Then this afternoon when we had the cash ready,
to complete the transaction . . ."

These statements indicate that you failed to complete the transaction "later on that night" as you had agreed and waited for some other day to go back with the money. You were too late.

That's the "breach" of your agreement.

IAAL

 

[sfhighroller]

No, this all happened TODAY. We said we would come back TODAY or Monday latest, and he sold the car a few hours after we left. He said that it was fine if we came back TODAY, or Monday, but we would have to do it before 4 PM if we were to do it today. We viewed the car at 9 AM. We called at 3 PM and that's when he told us that he sold the car.

I'm sorry if I did not make that clear in my posts from earlier.

 

[I AM ALWAYS LIABLE]

No, this all happened TODAY. We said we would come back TODAY or Monday latest, and he sold the car a few hours after we left. He said that it was fine if we came back TODAY, or Monday, but we would have to do it before 4 PM if we were to do it today. We viewed the car at 9 AM. We called at 3 PM and that's when he told us that he sold the car.

I'm sorry if I did not make that clear in my posts from earlier.

My response:

No, you were quite clear the first time when you said, "Then the agreement for us to come back later on that night with the cash . . ." When you said "that night" those words indicate some other night other than "TODAY".

Now, it appears, at least to me, that you're trying to change the facts to bolster your argument.

Word of advice - - If you should take this matter into court, be very careful what you say to the judge. Your own words seem to trip you up. Make sure you "practice your story" over and over before you get into court. In fact, practice it so much that even you start to believe it.

Also, the date on your check will tell the actual truth.

Good luck to you.

IAAL

 

[Bonni623]

here's a good question for IAAL or any other legal guru, is this verbal contract even binding, considering the poster is only 16?( I assume this is is age????) doesn't a person have to be 18 in order to have a legal leg to stand on as far as breech of contract? or does that only apply to written contracts?????

 

[sfhighroller]

Liability, that has definitely been a lesson that I learned from you today, thank you. The check is dated for 9.22.02 and the contract has a date as well for 9.22.02.

My brother is 24 so he could handle it.

 

[I AM ALWAYS LIABLE]

here's a good question for IAAL or any other legal guru, is this verbal contract even binding, considering the poster is only 16?( I assume this is is age????) doesn't a person have to be 18 in order to have a legal leg to stand on as far as breech of contract? or does that only apply to written contracts?????

My response:

Any person, no matter what their age, may enter into a legal contract. It just might not be "binding" on the minor. I'll explain - -
For example, a 10 year old may enter into a written or verbal contract to purchase a car from an adult. Yes, that's true.
And, a minor can even sue to enforce the terms of a contract, as in the case of our writer's purchase of a car, by way of "specific performance."

However, where the problem comes in for the "adult" on the other end of the contract, and where I think your confusion lies, is that a minor has the advantage of "disaffirming" their contracts until the age of 18 (it's not binding on the minor) - - unless the contract is made and entered into by the minor for the minor's necessities of life; e.g., food, medical care, shelter, clothing, etc.

Or, if a minor enters into a contract that is not for the "necessities," but the minor spoils or ruins the object of the contract, then the minor cannot disaffirm; e.g., if the minor buys a car, and then totals the car. The minor cannot simply return the crashed car and hope to get his money back - - no, the item (or the car) must be returned in reasonably the same condition as received by the minor.

Rescission is a remedy that disaffirms the contract. The remedy assumes the contract was properly formed, but effectively extinguishes the contract ab initio as though it never came into existence; and its terms cease to be enforceable.

IAAL