what are the laws regarding a verbal agreement, will one hold up or must there be a written contract?

Question

i bought a truck and the dealer i got it from said that he would garentee the fuel pump for three months. it just went out and it cost 1007.12 to have the gm dealer fix it. can i hold himto his word or not?

Answer 1

The others are correct in pointing out that the statute of frauds does require certain contracts to be in writing.
However, no one is disputing the actual contract. The dispute is the terms of the contract. The parole evidence rule is interpreted by the UCC (governing sales of goods) to allow oral evidence to interpret and modify the written agreement if it is susceptible to it. (UCC 2-316(1) says oral warranties are resolved via parole evidence rule).
UCC 2-313(cmt. 4) also notes that express warranties (him telling you that he would guarantee the fuel pump) may NOT be disclaimed through a disclaimer clause in the writing.

The real burden of proof is establishing that he actually made the statement to you. He'll say that he said no such thing and it'll be your word against his. The cost of litigation is high, and may not be worth it. I would try to work things out with the dealer or possibly some higher-ups. The threat to their reputation may be all that's needed to enforce their promise.

Answer 2

Neophyte is right, however the Statute of Frauds requires that a contract for the sale of goods over $500 must be in writing. so unless your truck cost $499 or less you have no contract. Also I'm guessing that you did have some sort of contract for the sale of your truck so any evidence of a verbal agreement that contradicted the written one would be barred.
Problems don't always have to be solved through litigation though. I would try talking to the guy - you never know

Answer 3

Legally verbal contracts are binding unless the law specifically requires that type of contract to by in writing. You have 2 problems in this case. First, you can't enforce a contract you can't prove. Verbal contracts are notoriously hard to prove. Second, you have a written contract for the sale. Written contracts take precedence over verbal agreements in most cases.

Answer 4

A verbal agreement is just as legally binding as a written contract. However, for obvious reasons, it's a lot harder to prove that the agreement took place. If he claims he never made the guarantee and there were no witnesses then it boils down to your word against his.

Answer 5

Verbal contracts rely on honesty and there's no way to prove them. If he denies the contract, it's your word against his and you've got no recourse. Do you have a witness to the agreement? In the future get anything written down.

Answer 6

You can always try it in small claims court but, it will be hard to go head to head with the dealer because it is a case of your word vs his or hers unless you can produce a solid witness.

Answer 7

Always get it in writing. Even that doesn't guarantee compliance. Don't deal with someone you don't trust. I had a contract on a car this guy screwed me on. I took the paperwork to my lawyer. He said the guy was in the gang, and it would be better to eat the loss. My lawyer was running for prosecuting attorney.

Answer 8

If it was used, then you bought it as is!

Don't waste your time in court, you have no proof and that car dealer knows it.

Answer 9

If you make a claim you can't prove and he denies it, probably not unless you have a witness.

Answer 10

You can try but he can always say he didn't say that. It is always best to get such stuff in writing.