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Breach of verbal contract

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Shanarra

Junior Member
What is the name of your state?LA
I bought an car off of eBay. I paid for the car in full. The car was located in GA, and I entered into an verbal agreement with a neighbor to go pick up the car. The neighbor and I agreed on 350$ of which I paid him 200 in advance. He picked up the car and brought it back, but kept it on the trailer and went to bed as he said it took him 23 hours to get there and back. He left early this morning with the car still on the trailer. He called the person that I bought the car from saying that I did not pay him for his services and was going to keep the car. I spoke with the previous owner on the phone when he called me to inform me of this. I spoke with the neighbor on the phone and he wants another 150$ on top of the 150$ balance before he will give me my car. I called the police department about this and they stated that it was an civil matter that since the title was not in my name yet that it did not constitute as a theft case. What are my rights? How can I get my car without having to pay an additional 150$ beyond our verbal contract?
 


divgradcurl

Senior Member
Not an easy question. Probably your best bet is to pay the guy the extra $150, and then sue him for the extra $150 in small claims court. It might be hard to prove the existance of the oral contract, but that's about all you can do.
 

I AM ALWAYS LIABLE

Senior Member
Shanarra said:
What is the name of your state?LA
I bought an car off of eBay. I paid for the car in full. The car was located in GA, and I entered into an verbal agreement with a neighbor to go pick up the car. The neighbor and I agreed on 350$ of which I paid him 200 in advance. He picked up the car and brought it back, but kept it on the trailer and went to bed as he said it took him 23 hours to get there and back. He left early this morning with the car still on the trailer. He called the person that I bought the car from saying that I did not pay him for his services and was going to keep the car. I spoke with the previous owner on the phone when he called me to inform me of this. I spoke with the neighbor on the phone and he wants another 150$ on top of the 150$ balance before he will give me my car. I called the police department about this and they stated that it was an civil matter that since the title was not in my name yet that it did not constitute as a theft case. What are my rights? How can I get my car without having to pay an additional 150$ beyond our verbal contract?


My response:

You have the right to either pay him, or take him to Small Claims court and prove your case. However, you really don't have a "case" because he has the car, and all you have is a "he said/he said" argument. In order to prevail in court, you need to barely "tip the scales" in your favor - - and from what I'm reading, you don't have the ammunition to do that.

Pay the neighbor. Get your car. Tomorrow night, slit his tires.

IAAL
 

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