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Landlord oral contract...

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tranquility

Senior Member
OP will also have a problem proving the "sales" price of the car. I wonder what the landlord put as the sales price when he went to pay sales tax on it... Seeing as how in AR you didn't have to pay sales tax on used cars under $2,500..... (it's $4,000 as of 2012) Hmmm.....

And I wonder if there was any bill of sale, and if there was, what the price on that was.
The OP brings in edmunds or blue book for the vehicle and then the landlord has to show why he got such a great deal. (And, what happened to the money.)

But, I still think the OP relied on the oral contract of the landlord to his detriment and the landlord may be estopped from using the statute of frauds as a defense.
 


BCrossan

Junior Member
An awful lot of negative in here. It doesn't seem fair that I give him my car and then I leave 20 months early and get nothing back in return, when had I just sold the car.. I would still have $5000 in my pocket. I know its all hindsight, but when I went into this agreement I never once thought I would be moving... I expected to be stuck here for the duration or at least till my disability hearing. But as I mentioned... way too much turmoil in this environment.

Bad enough my apartment has had no carpeting (concrete floors), no stove (use electric hotplates etc), no heat (other than an oil radiator I supplied), roaches (at least till I purchased stuff that got rid of them), fleas, ticks, spiders (kill about 1/2 a dozen or more daily... and that's no exaggeration. So bad I literally walk around with a flashlight and fly swatter), have had trash terminated once for a few weeks and was piling up in the driveway, have had the gas shut off for a few days, and at least once a week he claims one utility or another might get shut off cause he is struggling financially...

And now your saying I have to basically write off $5000? Landlord made no mention of my being in any contract for 1 year... it was strictly a trade... my car worth $7000 for 2 1/2 yrs at the rate of $250/month. I dont understand why I wouldn't have some kind of leg to stand on legally. Like I said... he is the one who offered to take the car in trade rather than me selling it.

Anyway... now he is saying tjay once I leave he might close the place all up and move back to Iowa. If I even wanted to attempt to get the money back he owes me, how would that work if he isn't in Arkansas anymore? Would i have to file here and both of us would be required to travel here for court? Or is there an option that I could just retain a lawyer from here while I'm out of state living in NJ that could handle the proceedings? I'm confused.
 
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tranquility

Senior Member
An awful lot of negative in here. It doesn't seem fair that I give him my car and then I leave 20 months early and get nothing back in return, when had I just sold the car.. I would still have $5000 in my pocket. I know its all hindsight, but when I went into this agreement I never once thought I would be moving... I expected to be stuck here for the duration or at least till my disability hearing. But as I mentioned... way too much turmoil in this environment..
While I think you may not have understood my post, your hurt is better directed to GROWING UP.

Big deals need to be in writing. Learn it, love it, live it.

While I think, in equity, you should win, in law you have a problem. Sue, seem sad. Maybe you will win. In the future, grow up.
 

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