I live in Texas, I was trying to sell my old car so I posted on the local news paper. I got several calls some of them were very interesed on buying my car. One of them offer me 400 dollars less than what I was asking. I said yes, thinking that he would pay me right there and then, but then he said that he would bring me the check 4 days later. When he was living I shuke his hand and said "It was nice to meet you". 2 days later a men came to my house to see the car and he offer me the whole amount so I took it. That same day the man that offer me 400 dollars less called, I told him that I had already sold the car. He got furrious and said that he was a lawyer and that in the state of Texas shaking someones hand was a verbal agriment and that he was going to buy another car and that I had to pay him for the differance. Is this right? I don't want to go to court? What should I do?
2007-08-19 18:50:29 · 11 answers · asked by Ednaa 2 in Politics & Government ➔ Law & Ethics
ahhh texas texas texas. where art thou oh great texas?
hmmm, I guess no where.
A tiny vilage in Texas is still mising an idiot. go figure.
2007-08-19 18:55:23 · answer #1 · answered by Anonymous · 1⤊ 1⤋
Do not pay him and take your chances in Small Claims Court if he does try to file, but will very hard for him to win any case as he cannot prove any real damages he has sufferred because the transaction was not completed. Much is going to depend on the Judge that hears the case, but no Judge is going to make you pay the difference between what car he does buy and what the verbal agreement was; some might award a token amount because you did back out on a verbal deal.
If you both had a written contract outlining what the terms and conditions were and/or he had left a deposit of some sort and you sold it out, then the might have a case.
If he isn't a lawyer and has represented himself to be one, that will be in your favor should it come to going to Court. Be sure to start a journal of all conversations with this guy noting the date, time and what was said.
2007-08-20 10:32:06 · answer #2 · answered by bottleblondemama 7 · 0⤊ 0⤋
Ednaa,
I'm sure no expert on this, but here's what I think: the guy is nuts. Although if you said you'd sell it for less, it's the best thing to do, at the same time, most of us can't afford to throw 400 dollars down the toilet. He should understand this.
If I were you, and I don't want to make you nervous, but I'd be extra vigilant for awhile. Check all your locks, make sure you've got deadbolts in, tamper proof locks on the windows, and keep something to knock intruders in the head with where it's handy. Something to shoot him with if he tries anything bad wouldn't even be a bad idea.
As far as him suing you, he can't sue you for the difference in 2 used cars. What if the other car were a used Mercedes Benz? The fact that he'd make a statement like this shows his ignorance. Even if it were a rational statement, which it isn't, it costs more to sue someone than most used cars are worth. Also, most normal people, especially young people, don't have the financial strength to make them worth suing.
The best he could do is take you to small claims court, and even then - with no bill of sale, he's got no leg to stand on.
Furthermore, real lawyers don't run around suing people over a used car they didn't get to buy.
I don't think this guy is a lawyer. I don't think he knows the law, and I don't think he's going to sue you. If he does, he's an idiot. I guess that's already clear though.
However - he does sound like a real whackjob. Keep an eye in your rear-view mirror in case he tries and follows you anywhere. Lock your doors all the time, and don't be caught in dark parking lots alone. Like I said - I don't want to scare you - I'm just emphasizing that you should be vigilant, and safe right now.
It's just my opinion, but you should not feel bad about the car. You should not worry about this guy suing you and you need to keep an eye out in case he's mentally unstable.
good luck
Kevin
2007-08-20 02:09:11 · answer #3 · answered by Kevin 6 · 2⤊ 0⤋
A verbal agreement means nothing in court. It needs to be written.
And I doubt he is a lawyer. People say stuff like that to scare you. I've had someone threaten that they are a security guy and the very same person a month later threaten that they are a newspaper journalist.
2007-08-20 06:50:51 · answer #4 · answered by chocoboryo 6 · 1⤊ 0⤋
I think the first man you met got a case to tow in tack. Since the first time you met the guy and shuck his hand, although this is not a fair agreement on his buying and you selling the said car it is indirectly agreeing in such a term. You wrong is that you did not notify the first guy that you decided to sell the car to other people.
Instead of settling this in court it is much better to agree to the terms of the person who decided to buy the car, whatever expenses you should give him in his effort. You will pay his time and effort in going to your place but since there is nothing to buy anyway just pay the guy his time and settle it out with him.
2007-08-20 10:23:12 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Asking on Yahoo Answers will get you lots of OPINIONs but not solve your problem.
You need to go to the police or a lawyer, to find out if you are in any trouble because of this.
Some places a handshake is a contract.
You may well have to go to court to settle this.
2007-08-20 01:57:31 · answer #6 · answered by Al Mac Wheel 7 · 0⤊ 1⤋
He is lying to you. Unless you SIGNED a WRITTEN agreement to sell the car, you are not obligated to give him anything.
2007-08-20 02:10:01 · answer #7 · answered by Anonymous · 1⤊ 0⤋
There was nothing in writing and no money changed hands, he doesn't have a case.
2007-08-20 01:59:09 · answer #8 · answered by Anonymous · 1⤊ 0⤋
nothing's in writing, and no one saw your handshake.
what you should have done is call the first guy and see if he wanted to pay more.
2007-08-20 01:56:00 · answer #9 · answered by Anonymous · 2⤊ 0⤋
He's full of crap...get a ball bat and bust his head.
2007-08-20 01:56:02 · answer #10 · answered by rumblecookie 4 · 4⤊ 0⤋