Legal Question in Consumer Law in Oregon

01/29/2010.I made an agreement to purchase a vehicle. The seller and I agreed to the amount of $22,000. I gave the seller $1200 deposit on 01/30/2010 with the remainder to be paid on 02/06/2010. The seller called me on 02/01/2010 and advised me that he had another offer of $32,000 for the vehicle and he was going to send back my deposit, he sent back my deposit however he did not abide by our agreement. Since we agreed to a sells price, a date of payment, and he received and accepted a deposit, is he obligated to abide by our agreement and is our agreement considered a contract?.


Asked on 2/02/10, 9:10 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

Yes, you can have an oral contract. Yes, he is obligated to abide by the agreement. Your problem will be proving that such an agreement existed. For example, he could say that your agreement was that he would sell you the vehicle, when you paid the purchase price on February 6, if and only if he did not receive a better offer from someone else in the meantime.

So ask yourself: How can I prove what we agreed to?

Then, if you sue him for enforcement of the contract, what are your damages? If he has actually sold the car in the meantime, the court will not grant to you "specific performance," meaning that he has to transfer the car to you. Instead, at best, the court will award you damages, which means how much you have been harmed monetarily. Well, how much have you been harmed monetarily? You would have to prove that the vehicle was worth a lot more than $22,000. Can you do that? Yes, somone else offered $32,000, and that is some evidence of value.

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Answered on 2/08/10, 12:12 am


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