Consumer Law, Warranties Question about selling car

[jpm11]

I'm trying to sell the car and I have someone who's interested and made an offer. His wording was "I'm giving you $8k for the car provided we get it checked out at my mechanic and everything is ok"

I replied "I tentatively accept the offer, however I'll be out of town for few weeks so let's figure out the logistics of bringing my car to a mechanic when I come back"

I have since decided that I'd rather not sell.


a) Is there anyway to get out of this situation - is this a binding contract?
I don't know if I will get sued but sure don't want to.

My understanding is that:
a) If I don't bring the car to his mechanic - for whatever reason, then the deal is off and he cannot sue me for the offer
b) If he comes back and says "ok, i'll give you $8k without seeing the mechanic" That's a counteroffer and I'm free to accept/reject it.

Can you please advice?

Thanks

 

[Michael Wechsler]

It's wishy washy and, in addition, the agreement is for over $500 and you may want to look at the statute of frauds.

http://www.thelaw.com/guide/business/statute-of-frauds/

Next, it's difficult to say if there even was a firm agreement. He'll give you $8K if his mechanic says it's OK - what does that mean? If it needs some paint, slight replacements, whata was acceptable? Is that a firm promise that you can sue him for breach (forget the SOF for a moment) if he doesn't bring the car to his mechanic? Legally, it's probably not binding agreement yet and I doubt this case would ever even go to small claims court. If you're thinking of backing out you should tell him immediately and I'm guessing if it's as you say, there shouldn't be any issue. I don't blame him for wanting his mechanic to look over the car and that is fair and probable. My guess is you've got a price but no firm agreement yet. Good luck with whatever you decide to do.

 

[MongoVT]

As long as no funds have been exchanged, nothing has been written or signed, and everything is verbal I would say you are not trapped yet. I would inform the potential buyer that you have decided not to sell your item and thank them for their patience.