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-   -   Can I sue for a breach of verbal agreement. (https://www.askmehelpdesk.com/showthread.php?t=690086)

  • Aug 3, 2012, 09:46 AM
    jermaineprince
    Can i sue for a breach of verbal agreement.
    I purchased a Chrysler from craigslist for 1500, I paid 1000 down with a written agreement to pay the remainder in 30 days. After losing my job I was unable to pay, he offered to take my old car as payment but after inspecting it changed his mind. He then said that he had to take the car but that he would hold it for a week without selling it or re-posting it to craigslist and that if I produced the 500 within that time he would surrender both the title and the car. The last day of the week agreement I called him from 4:30=7:10, getting no response. On a hunch I typed his number into Google and it pulled up a NEW add for the chrysler posted 3 days pryor; a clear violation of our agreement. I then went to the place where I initially met the guy on the off chance that he was there and he was, and after showing him the money he plainly stated that he had sold the car that morning and that he wasn't obligated to wait on me. He then said that the week contract was up seeing as it was 9, which made no sense, and that I hadn't contacted him even though I showed him my call history from calling him all day. I told him he had broken our verbal contract and he responded by bringing up the initial contract for 30 days refusing to acknowledge that by granting an extension he entered into another contract, saying that he owed me nothing. Can I sue for either my 1000 or the profit he made from selling the car? Doesn't the verbal contract bar him from selling the car until midnight on the 7th day?
  • Aug 3, 2012, 09:51 AM
    JudyKayTee
    Quote:
    Originally Posted by jermaineprince View Post
    I purchased a Chrysler from craigslist for 1500, i paid 1000 down with a written agreement to pay the remainder in 30 days. After losing my job i was unable to pay, he offered to take my old car as payment but after inspecting it changed his mind. He then said that he had to take the car but that he would hold it for a week without selling it or re-posting it to craigslist and that if i produced the 500 within that time he would surrender both the title and the car. The last day of the week agreement i called him from 4:30=7:10, getting no response. On a hunch i typed his number into google and it pulled up a NEW add for the chrysler posted 3 days pryor; a clear violation of our agreement. I then went to the place where i initially met the guy on the off chance that he was there and he was, and after showing him the money he plainly stated that he had sold the car that morning and that he wasn't obligated to wait on me. He then said that the week contract was up seeing as it was 9, which made no sense, and that i hadn't contacted him even though i showed him my call history from calling him all day. I told him he had broken our verbal contract and he responded by bringing up the initial contract for 30 days refusing to acknowledge that by granting an extension he entered into another contract, saying that he owed me nothing. can i sue for either my 1000 or the profit he made from selling the car? doesn't the verbal contract bar him from selling the car until midnight on the 7th day?

    Yes, verbal agreements are binding. You both have to agree on the facts (I say X, you say Y, there's no verbal agreement) and you both have to benefit from the agreement.

    You cannot modify/amend a written agreement/contract with an oral agreement/contract.
  • Aug 3, 2012, 10:05 AM
    jermaineprince
    Is it considered a modification if the initial written contract ends? Because officially the first contract ended after 30 days and he was free and clear, but he decided to grant me a week to pay him the 500 dollars; thus making a new verbal contract.
  • Aug 3, 2012, 10:22 AM
    AK lawyer
    Quote:
    Originally Posted by jermaineprince View Post
    ... He then said that ... he would hold it for a week without selling it or re-posting it to craigslist and that if i produced the 500 within that time he would surrender both the title and the car. ... doesn't the verbal contract bar him from selling the car until midnight on the 7th day?
    That's the problem with verbal contracts. In this case, to paraphase Bill Clinton, it depends on what the meaning of "week" is. I would say that, barring any specific agreement to the contrary, you had 7 consecutive 24-hour periods to come up with the money. For example, if you made the deal at 6:33 p.m. in the first day, you had until 6:34 p.m. on the 7th day to come up with the money. But if, for example, you called him at 6:32 p.m. you would have complied, even if he failed to answer the phone.

    Quote:
    Originally Posted by JudyKayTee View Post
    ...
    You cannot modify/amend a written agreement/contract with an oral agreement/contract.
    Yes, you can.

    Quote:
    Originally Posted by jermaineprince View Post
    is it considered a modification if the initial written contract ends? because officially the first contract ended after 30 days and he was free and clear, but he decided to grant me a week to pay him the 500 dollars; thus making a new verbal contract.
    Exactly.
  • Aug 3, 2012, 10:27 AM
    AK lawyer
    Quote:
    Originally Posted by jermaineprince View Post
    ... On a hunch i typed his number into google and it pulled up a NEW add for the chrysler posted 3 days pryor; a clear violation of our agreement ...
    No. Your agreement didn't prohibit him from advertising to sell the car within the week; he just couldn't actually sell it.
  • Aug 3, 2012, 10:33 AM
    jermaineprince
    Quote:
    Originally Posted by AK lawyer View Post
    No. Your agreement didn't prohibit him from advertising to sell the car within the week; he just couldn't actually sell it.
    His exact words were "i'll give you a week, i won't sell it or post it to craigslist or nothing, if you come with the 500 i'll give you the car" so wouldn't him posting it to craigslist 4 days later equal a breach since he clearly stated that he wouldn't?
  • Aug 3, 2012, 10:39 AM
    AK lawyer
    Quote:
    Originally Posted by jermaineprince View Post
    His exact words were "i'll give you a week, i won't sell it or post it to craigslist or nothing, if you come with the 500 i'll give you the car" so wouldn't him posting it to craigslist 4 days later equal a breach since he clearly stated that he wouldn't?
    Perhaps. But you are going to find it difficult to prove that those were his exact words, unless you have a recording of the conversation.

    Also, if the week was up he would have had no obligation to sell it back to you, whether he had a buyer. So how were your damaged by his posting it?

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