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    evaja33's Avatar
    evaja33 Posts: 7, Reputation: 1
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    #1

    Sep 6, 2010, 02:10 PM
    Is a verbal contract legally binding for buying a car Ohio?
    Hello. I purchased a car from a friend of my fiancé. I was told by the owner of the car there was nothing major wrong with the car. She assured me she would pay me back if there was something wrong with it other than what she had told me. I was unable to test drive it do to me not feeling well, my sugar was low.. I was not able to think well enough to drive until I ate something. My fiancé doesn't have a license, so he was not able to test drive it. After we got the car, we told her about me almost getting killed in the car... I almost hit a semi because she didn't tell me about how the car would swerve hard to the left when the brakes are applied. She again told us to get a report of what is wrong with it, if it was proven to be unsafe, she would refund our money. We did that, we went to 2 separate places and got the same answer, the car is unsafe to drive. She now refuses to give us the money back. What can I do legally? I almost lost my life that day. She even told me she drove the car all the time and it was completely safe. I wanted to have this agreement in case something did happen. I was in a hurry to get the car, because my fiance's mom had a stroke and we needed to drive 2 hours one way to see her. We told the owner about this and she again told me how good and safe the car is. She assured me it was in great working condition, needing only brakes, rotors, and allignment and normal things like an oil change... but not so bad you couldn't drive it safely. I needed to make sure we got a safe car... is this a legal binding verbal contract? And what about me almost getting killed, when she knew how unsafe the car is?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Sep 6, 2010, 02:16 PM

    So what is wrong with the car beyond brakes, rotors and allignment, that sounds like the problems you were having

    So sue her in small claims court
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Sep 6, 2010, 02:19 PM

    If she told you that the car needed brakes and that is why its pulling to one side then you should have had them looked at first thing. What did the mechanics tell you that was unsafe about the car?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Sep 7, 2010, 07:14 AM

    I have a problem with the verbal agreement - your blood sugar was low, you were not feeling well, you could not drive the car, apparently you couldn't think clearly - but you remember every word of the purported oral agreement?

    I have a problem with that and I suspect the Court will, too.
    evaja33's Avatar
    evaja33 Posts: 7, Reputation: 1
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    #5

    Sep 8, 2010, 11:38 AM
    Comment on Fr_Chuck's post
    The mechanic gave me a print out. He said that the bushings to the motor are bad. He said everything under the hood shifts around when breaking. Thus it pulls to the right. He said it is very unsafe to drive.
    evaja33's Avatar
    evaja33 Posts: 7, Reputation: 1
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    #6

    Sep 8, 2010, 11:48 AM
    My main problem is not so much the car is a dud. It is that it almost cost me my life. I did't have time to even look for a car. We needed to get to the hospital, 2 hours away, my fiance's step mother had a stroke. We needed a car right away. If it wasn't so urgent, I would have paid only $150 to fix my car. His friend had told him about his car. He even drove it to work, saying how great of a car it is. I wouldn't have gotten it if she hadn't have promised to return the money if there was anything unsafe with it. I almost got killed. Instead of a semi, it could have been a mom with children in the car. They didn't just risk my life with their deception. How many times have they done something like this before? How many times have they gotten away with it? How many more lives will they risk, trying this again, if they get let off for doing this to time. Next time, maybe the person they do something like this to won't be so lucky. And yes, I am lucky to be alive.
    evaja33's Avatar
    evaja33 Posts: 7, Reputation: 1
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    #7

    Sep 8, 2010, 11:55 AM
    Comment on califdadof3's post
    The mechanics said the brakes are just fine. And it is not so much out of alignment that it would cause the car to pull to the left. They said to park the car and do not drive it for any reason.
    evaja33's Avatar
    evaja33 Posts: 7, Reputation: 1
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    #8

    Sep 8, 2010, 11:58 AM
    Comment on califdadof3's post
    Both of the people we got the car from said they drive it all the time. Yet they failed to meantion the danger I would be in.
    evaja33's Avatar
    evaja33 Posts: 7, Reputation: 1
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    #9

    Sep 8, 2010, 11:59 AM
    Comment on Fr_Chuck's post
    There are a list of other things wrong with it also, but my main concern was getting proof for her about how dangerous the car is.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #10

    Sep 8, 2010, 12:29 PM

    evaja33 : The mechanics said the brakes are just fine. And it is not so much out of alignment that it would cause the car to pull to the left. They said to park the car and do not drive it for any reason.


    What was their stated reason for telling you this? There has to be one.
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