Legal Question in Product Liability in Colorado

Breaking terms of a verbal agreement?

My husband sold a new snow blower to someone, who at the time of purchase, told my husband that he was going to look a snow blower some other guy was selling and only if the other was significantly better than the one we were selling, would he be able to return it? The buyer said he'd call by Thurs to let us know. The buyer paid cash and left with the merchandise. The following Saturday (two days after said Thurs), he called and said he wanted to return the snow blower because the other guy dropped his price by $500, also that - while he could make it fit - the one he bought from us was 4'' too short for his tractor.

My husband stewed about this and became more and more annoyed by the fact that the guy a) didn't call by said time and b) wanted to return the snow blower for reasons other than discussed, so he told him he wouldn't take it back and the guy said we'd 'hear from his lawyers.'

Would he have a leg to stand on in court? Are verbal agreements legally binding? Could this turn into a ‘he said, she said’ battle?

Any advice/input would be appreciated.

Asked on 2/27/07, 6:12 pm

1 Answer from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: Breaking terms of a verbal agreement?

I'm sure the guy has a team of lawyers standing by just waiting for the big snowblower case.

A verbal agreement is legally binding. In this case the contract had already been satisfied by both parties as of the Thursday deadline for rescinding the contract. Goods were exchanged for money; in the lingo of the law, it's a done deal.

A buyer has no right to return a purchase merely because he found something cheaper two days later, unless that was part of the original contract.

On the facts you've stated, he has no credible action against you.

Sounds like the buyer got an even better deal than he bargained for, though: now he's not only blowing snow, he's blowing smoke.

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Answered on 2/27/07, 10:33 pm

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