Alright, I need some legal advice...

[ty20404]

So I'm buying this BMW 328is. I go drive it. Then I have it checked out by a mechanic, and just afterwards I offer him 7thousand. His asking price was 7500. He says he'll talk to his parents (he's only a senior in high school) and call me back. It takes him 2 days to call me back, but he calls me and says that he talked to his parents about it and that he said he would sell me the car. So we agree that two days later we would do the exchange... I call him two days later to see if he could do it as soon as possible so that I have time to get the car ready (this is today) to drive it home in 2 days. At that time he proceeds to tell me that the same day he agreed to sell me the car someone that his parents knew came to look at the car and said that he would pay 7500 right there. The kid told him that he had agreed to sell it to me and that he would have to talk to me first. So I told him that he had entered into a legally binding verbal contract to sell me the vehicle for 7 thousand and that I would like him to honor it. He proceeded to complain about 500 being a lot of money, which I countered with that it is, because I'm coming from the same place, this is why I offered 7 and not 7.5. I asked him to talk to his parents and then get back to me tonight, yet now it's 9:46 and he still has not called me.

As far as I know, that's a legally enforceable contract. Although, we didn't really have any witnesses he doesn't seem to deny that he accepted my offer. What should I do next. My dad said that I should just wait and see, if he accepts he accepts, if not, oh well. But I kinda just want this car...

[bcktracker]

well i am no lawyer, but, since nothing was put in writing, i really cant see where anything can be done on your part. sorry but just life experiance talking here.

[IntrepidXJ]

sorry...verbal means nothing. unless it's in writing, he can do what he pleases with the car

[xjtrailrider]

I think you are SOL, move on. I personnaly will not by a car that I know a kid has been driving.

[ty20404]

true true. well i do know that verbal contracts do hold water, but they are just extremely hard to prove. I think I'm just going to say XXXX it though and move on... Oh well, he's just a worthless peice of shit.

[R_jeep]

... with patience....you'll get what you REALLY want.

[ty20404]

Haha, I saw what you asked in the email... Nope, I still have the jeep, well my brother does, so it's still in the family, but I really needed a car to drive back and forth between charlotte and raleigh. I think I'm going to go look at an M3 (what i really want) tomorrow... But I don't think I'll be able to afford it, it's just out of my price range.

[R_jeep]

patience grasshopper...you'll get what you want. the ultimate driving machine eh. you know, melkorsxj (dan)works for a bmw dealer in chattanooga as a tech. just so you know. lots of bmw knowledge.

[MELKORsXJ]

lots of bmw knowledge.
...i'm getting there... but i do have resources!

[flash2pablo]

You are right about the verbal contract, it is enforable. You just have to prove it.. But in order to take this to court to force him to sell you the car, would cost you a heck of a lot more money than the court is going to force him to pay. The court isn't going to force him to sell you the car, the only thing they would give you is the difference between price and what you can get a similar one for.

Proving you are right is not the most cost effective plan in many situations.

I had a guy do the same thing about a year ago when i was purchasing a car from him, but he suggested signing a contract because i paid a $100 deposit, to hold it until a month later. He ended up "losing" my contact info and re advertising the car and taking a deposit from a couple, even though he couldn't sell it yet for his own reasons. When i saw the ad i was livid, he got an earful and finally went back to our deal and gave the other couple their money back....i think....

[Jess]

You said he was in High School. I assume by that he is only 17, and a minor cannot legally enter into a binding contract. Verbal or written, if he is not at least 18, it's not worth the paper it is written on.

[trail rate this]

I'm a firm believer in things happen for a reason, if the kid is backing out on you this really isn't car for you and don't worry it will come to him full circle and he will learn his lesson. Also, is the car legally his if he is a minor? Maybe you need to talk to the real owner.

[kf_chris]

I'm not even reading this. Don't ask for legal advice online. Go get another car.

[Achmed]

Seriously. Find something else. If you are that attached to a car that isnt even yours, you have bigger problems.

[ty20404]

haha, sorry I forgot to tell ya'll the kid sold me the car... And yeah, I just didn't call him back and one day he called me and told me he would bring me the car. It's all mine now.

[xjaddiction]

You said he was in High School. I assume by that he is only 17, and a minor cannot legally enter into a binding contract. Verbal or written, if he is not at least 18, it's not worth the paper it is written on.

That's why I never buy anything from minors, especially on the internet. It just ends up pissing you off.

Tell the kid you want to talk to his Father/Mother, not to him.

AND, who would want to buy a Bimmer from a kid in HS anyway. Don't you remember what we did to our first cars? I beat the Stuffin' out of mine.