QUESTION
Are text messages binding contracts
Asked on Aug 06th, 2014 on Breach of Contract - Florida
More details to this question:
Had an agreement with an individual to purchase an outboard motor he had listed on Craigslist. I texted the person and he agreed to sell me the motor for $400 if i could purchase it by the end of the day. I had to work and we agreed to meet up to buy after I was thru. Since I was buying this motor I sold my other motor at a quick sale price to have the money to pay for the new outboard. After my sale of the motor I received a follow up text message that he sold the motor to his father and it was no longer available. Could I hold him to his original agreement?
1 ANSWER
Probably. Most contracts do not have to be in writing to be enforceable, and even if this one was required to be in writing (there's nothing on the face of your question which indicates to me that this was the type of contract which was required to be in writing) the text messages will probably be a sufficient writing. However, if the father was not aware of his son's agreement with you, and actually paid for the motor, he will not be forced to turn over the motor. You can sue the son for damages, but as of now you may not have suffered any. Your damages would be the fair market price of the motor, minus the amount you agreed to pay the son for his motor. In other words, if you could buy the same motor in the same condition for $450, and you had agreed tp buy the son's motor for $400, your damages would be $50. Not sure that's worth suing over, particularly if the other side doesn't live in Florida.
Answered on Aug 07th, 2014 at 9:51 AM