Payments twords a purchase / yet nothing in writing

[MIOMO]

GREETINGS AND THANK YOU,

I represent the potential buyer in a transaction for a car. The vehicle was placed for sale in front of the sellers residence with a sign in the window. I informed the owner I really wanted the car but would need to clear it with my wife. After agreeing on a price and receiving the wife's blessing. I asked the seller if he could remove the vehicle for sale sign till I could come up with all the money. He stated if I would give him $500.00, he would. ( My understanding to cover his butt if I anything should interrupt the sale prior to finalizing the transaction.)

So we arrange for me to make payments towards the total owed. Three months and $1000 later, I arrive at the vehicle to make final payment and bring the car home and the interior is full of mold throughout the carpet, seats and safety belts. At this time I inform him I will not be continuing with the sale and he informs me he has already spent me $1000.

No bill of sale has been signed, no D.M.V. forms filled out, just an awkward situation. Apart from the return of the money, where do I stand legally in my obligation to purchase.

What might cloud the issue ?

Many thanks for your service. It truly is a blessing. MIO

 

[army judge]

If you hold a signed purchase contract, that will be your guide.
If the purchase terms were agreed to orally, good luck.
You can ask for your money to be returned.
More than likely the seller will say, no way.

The seller can demand you buy the moldy car.
You, of course, will say no thanks.

If that happens, your (as well ass the seller's) recourse would be to pursue the matter in small claims court.
That won't end much better, except it'll cost you (the seller, if he or she pursues a similar strategy) more money to chase the other money.
You could even prevail in small claims, then you have to chase the defendant to get paid.
The same result for the seller, chase you to get paid.
However, absent a signed contract, he or she would likely lose.

Trust me, satisfying small claims judgments won't be easy, especially for $1,000 or $2,000, rather small sums.

Never give money to HOLD anything.
These kinds of sales often end in dispute.

As you've discovered, purchase all items from a reputable, established seller.
Plus, always put EVERYTHING in writing, and get all parties to sign and date the terms of the contract.

 

[MIOMO]

Am i bound by any verbal contract

If you hold a signed purchase contract, that will be your guide.
If the purchase terms were agreed to orally, good luck.
You can ask for your money to be returned.
More than likely the seller will say, no way.

The seller can demand you buy the moldy car.
You, of course, will say no thanks.

If that happens, your (as well ass the seller's) recourse would be to pursue the matter in small claims court.
That won't end much better, except it'll cost you (the seller, if he or she pursues a similar strategy) more money to chase the other money.
You could even prevail in small claims, then you have to chase the defendant to get paid.
The same result for the seller, chase you to get paid.
However, absent a signed contract, he or she would likely lose.

Trust me, satisfying small claims judgments won't be easy, especially for $1,000 or $2,000, rather small sums.

Never give money to HOLD anything.
These kinds of sales often end in dispute.

As you've discovered, purchase all items from a reputable, established seller.
Plus, always put EVERYTHING in writing, and get all parties to sign and date the terms of the contract.

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SO AM I BOUND BY ANY VERBAL OBLIGATION ...or is this generally implied but not actually binding due to the transfer of an auto requires a formal legal document for the transfer of ownership - DMV FORM and a VEHICLE BILL OF SALE ?

THANK YOU FOR THE CLARIFICATION - MIO

 

[Betty3]

You "might" be - generally when it is a verbal obligation it is your word against his word - always get things in writing. Your only recourse is trying small claims court - you may or may not win & if you win, good luck collecting what is owed you. The court doesn't collect it for you.

 

[army judge]

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SO AM I BOUND BY ANY VERBAL OBLIGATION ...or is this generally implied but not actually binding due to the transfer of an auto requires a formal legal document for the transfer of ownership - DMV FORM and a VEHICLE BILL OF SALE ?

THANK YOU FOR THE CLARIFICATION - MIO

Verbal obligations are as meaningful as the paper on which they're written.
If its not in writing, signed, dated, sealed, and delivered; it'll generally be disputed.
It's YOU said against SHE or HE said!!!