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