written or verbal contract binding

[consumer]

I made a pre-purchase agreement with a used car dealer that he would fix my air conditioner before I bought the car. He improperly fixed it and it did not function within one week of owning the car. He does not want to fix it for me. I can obtain statements from a Ford Dealership that it was improperly fixed. I have a witness to the verbal agreement I had with the used car dealer but I noticed in looking over my paper work that the dealer did not list the air conditioner repair on the written pre-purchase agreement although he did list many other little items that he had also agreed to fix. I did not notice this at the time I signed it as it was a carbon copy and difficult to read. I want to file a small claims action against him but I am not sure if the written agreement will hold up over the verbal agreement? Thanks if you can help/send to [email protected]

[This message has been edited by consumer (edited July 20, 2000).]

 

[lawrat]

I am a law school graduate. WHat I offer is mere information, not to be construed as forming an attorney client relationship.

If you absolutely cannot find anything written referring to fixing the vehicle, really there is something called the parole evidence rule that disallows bringing in past oral statements to contradict what is in the agreement. First, this may be construed as adding, not contradicting. Also, the rules of evidence like this (hearsay) is bit more relaxed in a small claims court. Also, you have a witness who heard the agreement, very good!

The other thing you may want to try (although i suspect you will do just fine with the above information) is the lemon law. Check out the homepage at freeadvice.com's home page and go from there.

Hope this helps.

 

[consumer]

Thanks for the advice! It was incouraging.
I will file the small claims action next week!

 

[Prairielaw]

The lemon law is unlikely to be of use for used cars in most states. But hold their feet to the fire. Bring the suit in small claims court. Here is an article on small claims court that gives some good practical information.

Success in Small Claims Court

Law on, Kevin


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Kevin O'Keefe
Founder & Fearless Community Leader
Prairielaw.com
"More people helping people with the law than anywhere."

 

[consumer]

I received your e-mail. Thanks for the advice! I read the info on your website and it was helpful. Yes, the case will be pursued into small claims court. Thanks Again-Hdlady