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Car sales

  • 04-09-2007 6:27pm
    #1
    Binomate
    Closed Accounts Posts: 3,783 ✭✭✭


    Lets imagine Person A would like to buy a new car. He already has an older car and has his eye on another car that Person B is selling. Person A and Person B meet up and arrange a verbal contract that the car will be sold for 15 grand and that Person B will write up a contract with in the week. Hearing this, Person A sells his old car in the knowledge that he is getting the new car for 15 grand. When he goes to pick up the written contract a few days later it appears that Person B wants 20 grand for the car.


    Is the verbal contract legally binding and would it hold up in court?


Comments

  • #2
    mike65
    Closed Accounts Posts: 88,972 ✭✭✭✭mike65


    A verbal contract is worth the paper its written on I belive.


  • #3
    Mr. Flibble
    Registered Users, Registered Users 2 Posts: 2,364 ✭✭✭Mr. Flibble


    No. There is no contract until person A gives some something (ie. money) to person B. If Person A had paid a deposit with this verbal contract it would be legally binding.
    Proving in court person B did in fact agree to that is another matter. Would need a recording or witness I guess.
    verbal contracts are legally binding. proving them is difficult.

    ps. I've had about 5 hrs of legal classes total so don't rely on my advise!


  • #4
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Mr. Flibble wrote:
    No. There is no contract until person A gives some something (ie. money) to person B. If Person A had paid a deposit with this verbal contract it would be legally binding.
    Proving in court person B did in fact agree to that is another matter. Would need a recording or witness I guess.
    verbal contracts are legally binding. proving them is difficult.

    ps. I've had about 5 hrs of legal classes total so don't rely on my advise!

    5 hours. It shows! The promise of giving something is sufficient consideration in any contract. A deposit has no particular legal significance. The difficulty is that contracts for the sale of goods to the value of more than €12.70 must be in writing to be enforceable (Statute of Frauds Ireland Act 1697 Section 2.) There may be an issue of promissory estoppel but given the evidential difficulties it is probably not worth pursuing.


  • #5
    Mr. Flibble
    Registered Users, Registered Users 2 Posts: 2,364 ✭✭✭Mr. Flibble


    So if person a says I'll do this fro you if you do that for me to person b, and person b says ok, that's a contract?


  • #6
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Mr. Flibble wrote:
    So if person a says I'll do this fro you if you do that for me to person b, and person b says ok, that's a contract?

    There is good consideration for a contract. Provided all the other elements of a valid contract are in place, there is a contract.


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