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Re: Deposit on car - non lbc

To: ingate@shiseis.com (Shane F. Ingate)
Subject: Re: Deposit on car - non lbc
From: "\"Mr. Mike\" Passaretti" <passaretti@sol.med.ge.com>
Date: Wed, 1 Apr 1998 14:00:26 -0600
Cc: triumphs@Autox.Team.Net
References: <9804011947.AA11517@shiseis.com>

>>>>> "Shane" == Shane F Ingate <ingate@shiseis.com> writes:
    Shane> I did not know that verbal agreements were legally binding.

It does depend on the situation, but unless my counsel has lied to me,
verbal contracts can be binding.  What constitutes a binding verbal
contract is the sticky part.  In this case, it was actually E-Mail (thus
written, though transiently, and not legally signed by the parties
involved) and verbal. The content (which is the significant part
according to my lawyer) was that for a certain amount of compensation
(money), delivered by a certain date, consideration (the car) would be
given.  Whether it would have been declared so in a court is up to the
lawyers involved, but I was told I had a good chance.  If the fees had
been more than they were I might have pursued it further.  

    Shane> Could you (or some other lister) explain in lay language why
    Shane> you could take this person to court based on a verbal
    Shane> agreement?  All of us on the list buy and sell cars at some
    Shane> stage in our lives, and we dont want to get caught out!

Act in good faith and you should (IMNSEO*) be relatively safe.  Never say
anything you don't mean, and never mean anything you don't say.  Of
course, I generally try to work that way as a matter of course.
                                                                     -MM

*In My Not-So-Educated Opinion


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