Breach of contract for verbal promise

I promised to pay registration fees if a car owner would register her vehicle so i could buy it. She registered it, I had found another car by that time and I did not buy her car. Should I be liable for her registration costs? The promise was 'to add 300$ to the total cost of the car' and no paperwork was signed...

sorry if off topic, no boards had this specific (small claims)topic..

any help is appreciated...

Dave

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Dave Woof:
[b]I promised to pay registration fees if a car owner would register her vehicle so i could buy it. She registered it, I had found another car by that time and I did not buy her car. Should I be liable for her registration costs? The promise was 'to add 300$ to the total cost of the car' and no paperwork was signed...

sorry if off topic, no boards had this specific (small claims)topic..

any help is appreciated...

Dave[/b]<HR></BLOCKQUOTE>

My response:

Yes, you are on the hook. "But for" your promise, and her "detrimental reliance" upon that promise, she would not have expended the money, and just may have been able to obtain a buyer for the car who would have been willing to pay for the registration, without placing a strain on her finances.

However, your responsibility for damages can be offset in this matter. She must mitigate her damages, in good faith, and attempt to sell her car with the added cost tacked on to the selling price. If she fails, in good faith to sell, or is unable to sell the car, within a "reasonable time", then you'd be on the hook for the entire amount of the registration fee. If she sells the car, you are entitled to see how much she sold it for, and whether she was able to sell the car at a higher price than what she offered it to you for - - representing the registration fee. If the eventual selling price is higher, or doesn't cover ALL of the added cost of the registration, then you would be on the hook for the differential in price.

Additionally, if she expended costs to advertise the car, and pulled her ad because you said you'd buy the car, you are going to be held responsible for the cost of re-advertising the car, or any other damages flowing directly from your breach of the contract.

IAAL




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