What is the name of your state? AZ
An eBay seller agreed both orally and by email to sell an outboard motor to me for an agreed upon price. That agreement was made on a Tuesday and I purchased a PO money order and postmarked it that day. The seller and I agreed by phone that overnight posting was costly and unnecessary; the payment would be delivered within three to five days. On the following Friday, I noticed that the item for sale was still listed on eBay and the bidding had exceeded the amount I had offered and agreed on. I called to inquire why the motor hadn't been removed from auction. The seller said that he'd been "burned" before by people not following through with payment for other items he had sold, that he was just covering his sale. Again, I assured him that the money order was enroute and should be in his hands either that day or the next. The auction was scheduled to end the following Sunday (not a mail-delievery day). The seller also informed me that he had since received other local offers for the motor, for greater sums than what we had agreed on. And, he informed me that, if another offer was substantially greater than mine, he would take that offer and send back my money order when it arrived. It's been a while since Basic Law 101, but is our oral and email agreement contract and binding? I agreed to pay him a specific amount, both orally and by email, and he agreed to that figure both orally and in email. What's my recourse if he sells the motor to another party? Would that be considered breach of contract? The sale, by the way is between Seller in Colorado and Buyer in Arizona.
An eBay seller agreed both orally and by email to sell an outboard motor to me for an agreed upon price. That agreement was made on a Tuesday and I purchased a PO money order and postmarked it that day. The seller and I agreed by phone that overnight posting was costly and unnecessary; the payment would be delivered within three to five days. On the following Friday, I noticed that the item for sale was still listed on eBay and the bidding had exceeded the amount I had offered and agreed on. I called to inquire why the motor hadn't been removed from auction. The seller said that he'd been "burned" before by people not following through with payment for other items he had sold, that he was just covering his sale. Again, I assured him that the money order was enroute and should be in his hands either that day or the next. The auction was scheduled to end the following Sunday (not a mail-delievery day). The seller also informed me that he had since received other local offers for the motor, for greater sums than what we had agreed on. And, he informed me that, if another offer was substantially greater than mine, he would take that offer and send back my money order when it arrived. It's been a while since Basic Law 101, but is our oral and email agreement contract and binding? I agreed to pay him a specific amount, both orally and by email, and he agreed to that figure both orally and in email. What's my recourse if he sells the motor to another party? Would that be considered breach of contract? The sale, by the way is between Seller in Colorado and Buyer in Arizona.
