questions & answers

Question: My friend went to look at a used vehicle that was for sale by owner. My friend on owner verbally agreed to an amount...although no cash was exchanged at the time, the owner partially filled out a Bill of Sale from the internet. The owenr later called and told my friend that he had sold the car to someone else for more money. Does my friend have a casee?

Answer: Oral contracts may be enforced. The enforcement for a breach of an oral contract may be more difficult than enforcement for breach of a written contract. To prove breach of the oral contract, it ends up being one person’s word against another’s. Generally, the certificate of title is proof of ownership of a vehicle. However, if there is enough evidence to the contrary, ownership may become a question to be decided in a civil court case. For claims up to $2500, the case must be filed in Small Claims Court within the Justice Court System. For claims up to $10,000, the case must be filed in the Justice Court as well but not under small claims. Under contract law, when a contract has been breached, the court may award attorneys’ fees to the party who has been injured by the breach. Cases for breach of an oral contract are very difficult and while it is not necessary, it may be a wise decision for the buyer to hire an attorney depending upon the amount of money that was lost because of the seller’s breach.