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Do I have a contract?

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R

rroosa

Junior Member
I live in Georgia.

I answered an ad for a vehicle for sale at $6,800. I looked the vehicle over and said I wanted to purchase it. I gave the seller $50 cash as consideration to hold the vehicle and the seller agreed. I told him I would do a VIN check and was arranging financing but I had the cash even if financing was not approved. He gave me his binder containing service records and I left, agreeing to call him later in the day regarding the VIN check.

I called him an hour later and said the VIN checked fine and I would be by the next day with the funds. He agreed.

Later in the day the seller got a higher offer and took it.

Did I have a contract, and is it enforceble?
 


A

Antigone*

Senior Member
rroosa said:
I live in Georgia.

I answered an ad for a vehicle for sale at $6,800. I looked the vehicle over and said I wanted to purchase it. I gave the seller $50 cash as consideration to hold the vehicle and the seller agreed. I told him I would do a VIN check and was arranging financing but I had the cash even if financing was not approved. He gave me his binder containing service records and I left, agreeing to call him later in the day regarding the VIN check.

I called him an hour later and said the VIN checked fine and I would be by the next day with the funds. He agreed.

Later in the day the seller got a higher offer and took it.

Did I have a contract, and is it enforceble?
Click to expand...
Did you get your fifty bucks back?
 
R

rroosa

Junior Member
He is offering to give the $50 back.

But the reason this is important is he offered the car for $1000 less than blue book, and it is at least $3000 less than comparible market value in this area. This was a deal that rarely comes along, and I was the first to offer him asking price. I feel I should have first right of purchase, and we entered into an agreement.

Should I take him to small claims?
 
A

Antigone*

Senior Member
rroosa said:
He is offering to give the $50 back.

But the reason this is important is he offered the car for $1000 less than blue book, and it is at least $3000 less than comparible market value in this area. This was a deal that rarely comes along, and I was the first to offer him asking price. I feel I should have first right of purchase, and we entered into an agreement.

Should I take him to small claims?
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NO, take your $50 bucks and be done with it. There was no binding agreement.
 
L

Law Ninja

Member
Q: Do I have a contract?

A: You have two possible arguments depending on the details: (1) The $50 bought you an option, and you now want to exercise it. Perfectly enforceable. (2) You created a sales contract, and the $50 was a down payment. Ordinarily, auto sales for more than $500 must be in writing to be enforceable, but there is an exception when the party to be charged accepts the benefit of the contract (the $50).

So, you do have a couple of reasonable arguments if you take this matter to court.
 
A

Antigone*

Senior Member
Law Ninja said:
Q: Do I have a contract?

A: You have two possible arguments depending on the details: (1) The $50 bought you an option, and you now want to exercise it. Perfectly enforceable. (2) You created a sales contract, and the $50 was a down payment. Ordinarily, auto sales for more than $500 must be in writing to be enforceable, but there is an exception when the party to be charged accepts the benefit of the contract (the $50).

So, you do have a couple of reasonable arguments if you take this matter to court.
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This one is a perfect candidate for Judge Judy:rolleyes:. I can see it now, OP I'd ask for 1.2 mm in damages, anything less than that wouldn't be worth your time:rolleyes:
 
L

Law Ninja

Member
Wirelessany1 said:
OP I'd ask for 1.2 mm in damages, anything less than that wouldn't be worth your time:rolleyes:
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That is NOT the proper measure of damages. if the OP wins a lawsuit, then he is entitled to the difference between the contract price and the price for the OP to buy a comparable car elsewhere. Or, if the car is unique, then he can demand specific performance.

HI-YAAAAAAAAAAAAA!
 
A

Antigone*

Senior Member
Law Ninja said:
That is NOT the proper measure of damages. if the OP wins a lawsuit, then he is entitled to the difference between the contract price and the price for the OP to buy a comparable car elsewhere. Or, if the car is unique, then he can demand specific performance.

HI-YAAAAAAAAAAAAA!
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Ok, ninja...did you kick your sense of humor in the behind when you HI_YAAAAAd:p
 
A

Antigone*

Senior Member
Law Ninja said:
There are so many wrong answers posted in this forum as serious advice, I would never assume that your answer was meant in jest, particularly since it wasn't humorous.
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Whatever karatekid, the OP is still wasting her time. But oh, well your advice was legally accurate.
 
R

rroosa

Junior Member
Ok, so it SOUNDS like I possibly have an argument even without a written contract. Is that right?

And could judgement be the difference between the sales price and a comparible price or sales price and the blue book value?
 
L

Law Ninja

Member
Wirelessany1 said:
Whatever karatekid, the OP is still wasting her time. But oh, well your advice was legally accurate.
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Yes, what I posted was legally accurate. But it would not be a waste of time to sue if there is truly a $3000 difference between the contract price and market price for comparable vehicles.
 
R

rroosa

Junior Member
One other thing I think is important. In the absence of a written contract. The seller gave me a folder containing ALL service records of the vehicle during his possession. I still have it in my possession. Could that be viewed by a judge as evidence (in lieu of a written contract) of a formal agreement? Why would a seller give that to me if there was no agreement to purchase?
 
Y

You Are Guilty

Senior Member
Law Ninja said:
That is NOT the proper measure of damages. if the OP wins a lawsuit, then he is entitled to the difference between the contract price and the price for the OP to buy a comparable car elsewhere. Or, if the car is unique, then he can demand specific performance.

HI-YAAAAAAAAAAAAA!
Click to expand...
If you had said the measure of damages is the difference between the contract price and the price the OP paid to buy a comparable vehicle, I'd say you were spot on.
 
Zigner

Zigner

Senior Member, Non-Attorney
Since you mentioned it Law Ninja - is specific performance an available remedy in Georgie Small Claims court actions?
 
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