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Car for sale but changed my mind

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Willperry

Junior Member
What is the name of your state (only U.S. law)? Oregon, I offered to sell my car for $325 to a friend, Nothing was put in writing but I agreed verbally to the sale the prior day. Then I changed my mind about selling it so cheap. I called him when I came home from town running errands for my mother. explained I cannot sell my car and he was very upset. He was not very nice on the phone, we hung up, then he called back maybe fifteen minutes later and threatened to take me to small claims court if I don't produce the car by this coming Monday. Where do I stand? I have not received any moneys from him for the car and he said he will get more out of me then the $325.00
 


OHRoadwarrior

Senior Member
If you don't want to sell it, wait and see if he goes to court. OR contracts under $500 are not required to be in writing nor is consideration needed. The worst that will happen is the judge will order specific performance (you sell it).
 

latigo

Senior Member
You do not have to sell your car for any amount of money.
I have news for you. The OP has already sold the bloody car!

That is unless you've somehow managed to neuter a fundamental principle of contract law; like that known as offer and acceptance?! And repeal specific portions of Oregon's Uniform Commercial Code!

ORS 72.2040 Formation in general. (1) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract.
If the OP refuses to deliver possession and endorse over the title, then the buyer has a cause of action FOR BREACH OF CONTRACT. But not for SPECIFIC PERFORMANCE of contract! *

The buyer's measure of damages would be the difference between the agreed selling price of $325 and the cost to replace the vehicle with one of comparable vintage and condition. If the difference is negative, then the buyer has no actionable claim simply because he would have suffered no damage.
________________

Incidentally in the matter of the statute of frauds - in Oregon only those contracts for the sale of goods for the price of $500 or more need be in writing. ORS 72.2010 Fundamental Requirements - Statute of Frauds


[*] For OHR's edification an action for SPECIFIC PERFORMANCE would not lie in this instance. Not unless there was something especially unique about the vehicle such that it could not be reasonably replaced.
 

OHRoadwarrior

Senior Member
It is nice that Latigo expects the judge to take the vehicle for appraisal (possibly on his lunch break)and waste the courts time, however, I suspect the judge will simply order the vehicle be transferred as I said.
 

Mass_Shyster

Senior Member
It is nice that Latigo expects the judge to take the vehicle for appraisal (possibly on his lunch break)and waste the courts time, however, I suspect the judge will simply order the vehicle be transferred as I said.
Many Small Claims courts are not Courts of Equity and are only Courts of Law. A Court of Law does not have the authority to order specific performance. A Court of Law can only award monetary judgments.

If is also up to the plaintiff to prove liability and damages. If you don't come in to court with some evidence of the worth of the car, the judge will probably use the only figure available for the value of the car, that would be the agreed purchase price. So the judge would within her discretion to award the difference between the value of the car (agreed selling price) and the selling price - zero.
 
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tranquility

Senior Member
It is nice that Latigo expects the judge to take the vehicle for appraisal (possibly on his lunch break)and waste the courts time, however, I suspect the judge will simply order the vehicle be transferred as I said.
First, Latigo is correct. Second, the judge does not have the duty to prove up the value of a replacement vehicle, the plaintiff does. The judge only decides if the plaintiff has proved up the cost by a preponderance of the evidence.
 

latigo

Senior Member
I would love to see a judge get involved on a matter of extreme stupidity like this.
Yet it seems that the “stupidity” of it all (a label which you have belatedly attached) didn’t deter you from jumping in to display your usual foot-in-mouth syndrome.

And speaking of judges, I would “love” to see the look on the face of a jurist upon reading your extremely naïve and unschooled “advice” that property in the clunker didn’t pass from the OP to the buyer immediately upon the quoted price being accepted.
 

You Are Guilty

Senior Member
Many Small Claims courts are not Courts of Equity and are only Courts of Law.
If you have a lead on a Small Claims court with equitable powers, I'd love to hear about it. (If I had to guess, it would probably be in Vermont, since they seem to do everything else loosey goosey with their courts, but I am genuinely curious).
 

Mass_Shyster

Senior Member
If you have a lead on a Small Claims court with equitable powers, I'd love to hear about it.
I was told by a Massachusetts Superior Court Judge that Massachusetts Small Claims Courts have equitable powers. Before he said that, I was reasonably certain they did not. I haven't researched it any farther. He also said that a relatively recent change in the laws granted the District Courts equitable powers when the case called for both money damages and equity. If I were to research it more, I would look to that change and see if it fell through to the small claims court.

ETA: See this link: http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/jurisdiction.html

The District Court's civil jurisdiction also includes many specialized proceedings: inquests; summary process (evictions); supplementary process (enforcement of money judgments); abuse prevention restraining orders; mental health matters (including involuntary civil commitments and medication orders, and supervision of criminal defendants committed for mental observation or because incompetent to stand trial or after an insanity acquittal); appeals from certain administrative agencies (involving, for example, firearms licenses or unemployment compensation); civil motor vehicle infractions (tried initially to a magistrate, with right of appeal to a judge); equitable injunctions (exercising specialized equity jurisdiction in all counties, plus general equity jurisdiction in small claims, summary process and civil money damage actions); and other miscellaneous civil matters.
 
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Zigner

Senior Member, Non-Attorney
The other party will not be able to prove the requirements for a contract are present.
 

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