Legal Question in Business Law in California

Do I have the right to recover my cost for purchasing a CarFAX search?

I offered a person 6,300.00 to purchase his car, he agreed, I purchased a CarFax report...he sold the car to someone else...

Here's the email chain.

START

i am in fremont

--- On Mon, 3/22/10, I wrote:

From: @hotmail.com>

Subject: RE: 2000 TOYOTA CAMRY LE, 45K, AUTOMATIC, V4, 1ST OWNER, CLEAN TITLE - $6800

To: @yahoo.com

Date: Monday, March 22, 2010, 10:43 PM

I'll give you a call tomorrow. What city is the car located...I'm in the North Bay...Benicia/Vallejo

--------------------------------------------------------------------------------

Date: Mon, 22 Mar 2010 22:31:45 -0700

From: yahoo.com

Subject: RE: 2000 TOYOTA CAMRY LE, 45K, AUTOMATIC, V4, 1ST OWNER, CLEAN TITLE - $6800

To: hotmail.com

hi

alright but not less than that you can call me at xxx-xxx-xxxx.

--- On Mon, 3/22/10, @hotmail.com> wrote:

From: @hotmail.com>

Subject: RE: 2000 TOYOTA CAMRY LE, 45K, AUTOMATIC, V4, 1ST OWNER, CLEAN TITLE - $6800

To: yahoo.com

Date: Monday, March 22, 2010, 9:39 PM

would you consider $6300.00, this is my daughter's budget for a car (she has her college tuition to pay for)....


Asked on 3/23/10, 5:36 pm

1 Answer from Attorneys

You clearly did not consider a fully binding contract to have been formed by this exchange of emails, since you ordered the report after the exchange. You would, I am sure, have felt you had every right to back out of the deal if the report had come up that it was junk. You obvously also had communications that are not in this email chain, since you need the VIN to get the report. It is possible to have a contingent contract that is binding on one person, but the other person can get out of it if a condition is not met. Home sale contracts with inspection contingencies, loan contingencies, etc. are classic example where the seller is usually bound to the deal, but the buyer can get out if one of the contingencies is not satisfied. Contingencies like that have to be clearly stated and agreed upon, however. There is nothing in what you have offered in your question that would establish that you had that kind of an agreement, i.e., a binding agreement contingent on your right to reject the car after getting the report, much less that it was established clearly and formally enough to enforce it.

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Answered on 3/29/10, 10:48 am


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