With a few BIG exceptions (namely contracts involving real estate, contracts
over a certain $ amount [$500 in Illinois] and contracts calling for
performance over a certain period of time [1 year in Illinois]) oral
contracts are just as binding as written. The practical problem arises when
the time comes to "prove" the contract. The usual situation is that one
party will swear (under oath) that one thing was said while the other party
will swear (under oath - ain't truth a wonderful thing) just the opposite.
The ultimate question is almost always, who's telling the truth. Paper is
cheap. An oral contract isn't worth the head aches, or the paper they
written on.
kengano@advant.com
downstate illinois
1959 TR3A TS57756L
1958 Model 10 Sedan TBE9239LDLB
practicing a little law, but one when I must.
-----Original Message-----
From: Shane F. Ingate <ingate@shiseis.com>
To: passaretti@sol.med.ge.com <passaretti@sol.med.ge.com>
Cc: triumphs@autox.team.net <triumphs@autox.team.net>
Date: Wednesday, April 01, 1998 1:53 PM
Subject: Re: Deposit on car - non lbc
>
>Mike,
> > This is why deposits are (IMHO) necessary. I've had several
> > cars sold out from underneath verbal commitments...
> [snip]
> > If I were a more litigious person I would have
> > nailed his nether regions to a pole.
>
>I'm not an expert at law, but I thought verbal agreements dont amount
>to very much, so I dont understand your comment "If I were a more litigious
>person I would have nailed his nether regions to a pole". At least, I dont
>understand how you could get away with it.
>
>I thought that if a deposit was accompanied by something in writing
>(one would be foolish to do otherwise) then that was some sort of
>a binding contract. I did not know that verbal agreements were
>legally binding.
>
>Could you (or some other lister) explain in lay language why you could
>take this person to court based on a verbal agreement? All of us
>on the list buy and sell cars at some stage in our lives, and we dont
>want to get caught out!
>
> Shane Ingate in San Diego
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