<< are there any lawyers out there who can tell me
whether my putting down a deposit on a car legally bind the owner to sell it
to me? Or can the owner just say "sorry I can sell it to someone else for
more, here is your deposit back" I live in Maryland if that makes a
difference, though any advice would be appreciated. >>
Avi - since I'm not an attorney, I wanted to wait before responding...but
since no one answered, I thought I'd drop you a quick line. Please
understand that, because I am not an attorney, I cannot offer advice on this
specific legal situation and suggest that consult a licensed Maryland
attorney for proper legal advice.
To the best of my knowledge regarding Arizona Law, a verbal agreement is
a legally binding in the absence of an written agreement or contract to the
contrary. If the contract includes monetary consideration (that is,
exchanging money for a product or service), as long as the amount is
reasonably fair then the contract is valid. Handing a portion of the money
to the other party constitutes offer and acceptance and partially executes
the contract. The fact that money has changed hands should weigh in your
favor even if Maryland doesn't honor the "verbal contract" thing.
So...assuming that Maryland law is similar to Arizona law, the PO should
be legally obligated to sell you that vehicle.
Now the bad news: legally responsible or not, it will probably cost you
ten times more to fight for your rights than the car is worth... and you may
or may not be able to recoup your legal fees in the judgment... and then you
may have a helluva time executing the judgment. I currently have a former
client against whom I have a $750 judgment, but still haven't been able to
collect.
If you "accepted" your deposit back, that will wrinkle the situation
still further.
Obviously the guy is a prick, which means he will probably honor the
court's decision with about as much disregard as he did your gentleman's
agreement regarding the sale of the car. Even if you can get him to sell you
the car (or compensate you for the fact that he renegged on the deal and
therefore you must live without the car you desired), it will probably be a
long (and probably expensive) hassel which, in most circumstances, just isn't
worth the aggravation.
One suggestions which comes to mind: immediately run to the Justice Court
nearest the seller's home and request an emergency restraining order
prohibiting him from selling the car. Then schedule a hearing to determine
if he is indeed obligated to sell the car to you. Hopefully he will be too
cheap to hire an attorney (or simply not show up at all) so you will be able
to explain the situation to the judge in normal language rather than get
caught up in legalese. The judge will then determine if the seller is
obligated to honor your deal and hopefully the court will order him to
complete the transaction.
Your deal is probably a goner, but if you're a freedom fighter like me,
you may want to jump into the fight head-first and get beat up a little
before admitting defeat. The clerks at Justice Court may be able to help you
without offering any binding legal advice... depends on their workload and
personal makeup. You also may have a consumer advocacy phoneline which can
offer assistance (the Maryland Bar Assn may fund something like that...
although these services usually don't mess with anyone but poor and
underprivileged). Good luck, and let us know how it comes out.
Scott (& Hobbs, 77 Spit, daily driver, witness for the plaintiff)
|