is this a legal contract ????

[bjg]

My question contains 5 parts. I reside in Texas.
This is how the contractual agreement was drawn up.

In exchange for an automobile I will sell an automobile for XXXX amount of dollars and the buyer agrees to provide the seller transportation for 3 days a week for up to 1 year to a specified location.

The buyer agreed to this contract by signing it in front of a notary public. The buyer was aware that the automobile would be repossessed/taken back if provided transportation is not met as stated.

My question is
(1) Is this a legal binding contract with these terms ?
(2) If the buyer defaults on the agreement, does the buyer have a legal stand to disallow the return of automobile?
(3) If the buyer becomes ill due to medical reasons does the buyer still have to provide transportation?
(4) Does the buyer have an "out" so to speak on this type of contractual agreement?
(5) Am I obligated to return any monies back to buyer if the agreement of transportation is not met?

Thanks, bjg

 

[I AM ALWAYS LIABLE]

My question contains 5 parts. I reside in Texas.
This is how the contractual agreement was drawn up.

In exchange for an automobile I will sell an automobile for XXXX amount of dollars and the buyer agrees to provide the seller transportation for 3 days a week for up to 1 year to a specified location.

The buyer agreed to this contract by signing it in front of a notary public. The buyer was aware that the automobile would be repossessed/taken back if provided transportation is not met as stated.

My question is
(1) Is this a legal binding contract with these terms ?
(2) If the buyer defaults on the agreement, does the buyer have a legal stand to disallow the return of automobile?
(3) If the buyer becomes ill due to medical reasons does the buyer still have to provide transportation?
(4) Does the buyer have an "out" so to speak on this type of contractual agreement?
(5) Am I obligated to return any monies back to buyer if the agreement of transportation is not met?

Thanks, bjg

My response:

Sure, it's a legal contract . . . it's just a poorly written contract because there are no contractual remedies, among other missing terms. In the event of a breach, for the most part, your contract is highly dependant upon "equity" and how a judge feels on the day you and the buyer appear in court. And the judge may not feel the way you do. A judge will look to the written documents, and not listen to you about what you "think" the terms ought to be.

Simply put, all of your concerns - - 1 through 5, and then some, should have been in your contract. Since those terms are not in your contract, you cannot seek relief, or at least all of the relief regarding those items, in the event of one of those problems.

Since the contract has been signed, you cannot change the terms, in any manner, because the contract has already been accepted in it's present form.

You are really at the beck and call, and the honesty of, your buyer . . . an unenviable position to have placed yourself.

IAAL