QUESTION

do i have a strong small claims case ?

Asked on Jun 20th, 2018 on General Practice - Tennessee
More details to this question:
i bought a car less than two months ago and was told by the seller if the car had more problems then discussed i got return it and get my full amount back. I took it to the shop and was told i would have to pay 2500 to get everything i needed done. Seller agreed to pay but has not given me my money. The third party (individual) agreed to pay since the seller could not. A month has passed and although he has agreed on numerous occasions i still haven't received my money. I have evidence showing him agreeing and giving me a date.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
In order to form an enforceable contract, there must be consideration exchanged on both sides.  You haven't indicated that this third party, whoever he or she is, received any consideration, i.e. anthing of value in return, for paying for the repairs. Sometimes consideraiton is not required if you deterimentally and reasonably relied on a promise.  This is known as promissory estoppel.  If you only got the repairs done in reliance on this promise, you may have a claim.  However, it will be difficult to prove that you only had the repairs because of the third party's promise to pay.  Also, some judges may not think you suffered any loss, because you did get your property repaired, and it is now presumably worth $2,500 more than it would have been without repairs.. As far as any clqaim against the seller, you may have a claim, but since his/her agreement to pay for repairs was oral, it may be difficult to prove it.  Also, if you have a writtten contract, any alleged oral representation which contradicts it is likely to be barred.  This is known as the parole evidence rule.
Answered on Jun 20th, 2018 at 3:46 PM

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