QUESTION

Is a verbal agreement binding?

Asked on Oct 14th, 2012 on Breach of Contract - Massachusetts
More details to this question:
Listed van for sale and spoke and emailed the other party. He said he really needed the van for his brother who was sick. He low balled the price of the van and I felt bad and came down on the price. I then found out he was lying. He said he would over night a check and I got it days later. I did not open the envelope that was sent. I do not want to sell the van to him anymore and will keep it in the family. Do I have to sell it to him? The emails showed intent to sell but not a confirmed price. That was done over the phone. He is now saying that he already ordered the parts that needed to be fixed and we have to pay him for the parts. He has never seen the van.
Report Abuse

1 ANSWER

Appellate Practice Attorney serving New York, NY
Whether the agreement is binding is not the determining factor here. Most oral contracts are valid.  However, the Uniform Commercial Code, which has been adopted in one form or another in almost every American jurisdiction, provides that a contract for the sale of goods for $500 or more must be in writing.  If they contain no price, it is likely that the emails are not a sufficient writing to satisfy this requirement.  Therefore, assuming you were selling the car for more than $500, there is a good chance that it will be deemed invalid.  Moreover, contracts which are procured by fraud are not valid.  For example, if the seller agreed to buy the car based on your representation that it had 40,000 miles on it, not knowing that you had rolled back the odometer and it actually had 80,000 miles on it, the contract could be invalidated for fraud in the inducement even if it was in writing.  It is a close question whether the his telling you that his brother was sick would constitute fraud, as this might be deemed something that is not material, i.e. something that a reasonable seller would not consider in setting a price. If the contract was not valid the buyer could not enforce it, i.e. could not force you to sell him the car at the agreed price.  However, that does not necessarily mean that he has no right to recover the money he laid out based on your telling him that you had a deal.  I can't give you a definitive answer as to whether a court would allow him this recovery or not.
Answered on Oct 16th, 2012 at 2:30 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters