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verbal appointment vs. verbal agreement

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jeannetteb

Junior Member
What is the name of your state? Colorado

I am selling a classic car with high sentimental value, and want to get the highest price possible for it. On the first day the sale ad was printed in the paper, a man named Jack called and asked to see it. He liked what he saw, and gave me a 6% deposit to hold it for him until 6 pm that evening, so he could also shop a local car show. I accepted the deposit under the condition that I would still show the car to other potential buyers, but that he had first dibs on buying the car. If he chose not to buy the car, I would return his deposit. Jack contacted me around 8pm that evening and we made an appointment for him to come back for the car in a couple days. A few other parties came to see the car also the first day, and one in particular, Dan was very interested. Dan offered $1000 more than the asking price the following day, knowing there was somebody else who had first option. I contacted Jack and notified him of the higher bid, and gave him a chance to match the offer. Jack stated he has no money to increase their offer, and that I am obligated to sell him the car anyway via a verbal agreement. Because I called him and gave him first priority to match the best offer, I feel I've kept my part of the agreement to give him first dibs. Now he is threatening to take me to court for breaking a verbal agreement to sell him the car for the asking price. Does he have a case? And if so and we go to court but the car is already sold, what kind of consequence is there? What if the car is not sold and he wins the case?

Any help is much appreciated!!!

Thank you, Jeanette
 


sfcusa

Junior Member
Not here to give advice I just wanted to know what happened with your situation as I am in a similar one. Any updates?
 

seniorjudge

Senior Member
jeannetteb said:
What is the name of your state? Colorado

I am selling a classic car with high sentimental value, and want to get the highest price possible for it. On the first day the sale ad was printed in the paper, a man named Jack called and asked to see it. He liked what he saw, and gave me a 6% deposit to hold it for him until 6 pm that evening, so he could also shop a local car show. I accepted the deposit under the condition that I would still show the car to other potential buyers, but that he had first dibs on buying the car. If he chose not to buy the car, I would return his deposit. Jack contacted me around 8pm that evening and we made an appointment for him to come back for the car in a couple days. A few other parties came to see the car also the first day, and one in particular, Dan was very interested. Dan offered $1000 more than the asking price the following day, knowing there was somebody else who had first option. I contacted Jack and notified him of the higher bid, and gave him a chance to match the offer. Jack stated he has no money to increase their offer, and that I am obligated to sell him the car anyway via a verbal agreement. Because I called him and gave him first priority to match the best offer, I feel I've kept my part of the agreement to give him first dibs. Now he is threatening to take me to court for breaking a verbal agreement to sell him the car for the asking price. Does he have a case? And if so and we go to court but the car is already sold, what kind of consequence is there? What if the car is not sold and he wins the case?

Any help is much appreciated!!!

Thank you, Jeanette

Jeanette, I remember this from law school.

Good luck with your homework!
 

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