Threatened to Be Sued by a Private Car Seller for Backing Out of a Deal

**mikes303@ymail.com** · 05-13-2012, 09:27 AM

Hi - I being threatened to be sued by a private car seller for backing out of a deal after verbally agreeing to purchase their car and confirming via a txt msg. Nothing was signed, only terms were to have the car inspected by dealer to ensure its mechanically sound and all recalls were completed. But after sleeping over the deal I then decided that I shouldn't get the car.

Does the seller have any grounds to take me to court. And what is my best course of action if he were to contact me again. Should I be worried?

**Mr. Knowitall** · 05-13-2012, 09:52 AM

You agreed to a price, then breached the contract? Then it's conceivable that he could sue you. As for what will happen... assuming you don't change your mind again and go through with your end of the bargain, you'll have to wait and see.

**mikes303@ymail.com** · 05-13-2012, 10:07 AM

Thanks...but what could he sue me for? Will I have to pay for the price of the car...22K?

**SChinFChin** · 05-13-2012, 10:11 AM

Quoting mikes303@ymail.com

Thanks...but what could be sue me for? Will I have to pay for the price of the car...22K?

If he spent more money advertising, then got another buyer paying less, then he can sue you for actual damages. He cannot sue you for the full $22,000. His has a duty to mitigate damages, and find another buyer.

**Conrad Hunter** · 05-13-2012, 08:50 PM

I don't believe you can be sued for a verbal agreement to purchase a car from a private seller when there was no consideration from either side. I didn't notice any state, but I would bet a verbal car sales agreement is not enforceable.
Most states also provide consumer protection wherein a buyer can back out of a deal like that for three days. You also made a good call in deciding not to buy it, for a bunch of reasons I'm not getting into here. I don't think this is a real contract nor is there any viable cause of action that would survive for long.

**Mr. Knowitall** · 05-14-2012, 05:29 AM

The consideration from one side is the car. The consideration from the other side was $22,000.

If you believe you cannot enforce a contract unless the transaction is completed, you are simply wrong. You are also 100% completely dead wrong about how 3-day cooling off periods work - they only apply to unsolicited sales contracts entered into in your own home.