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  1. #1
    Join Date
    Feb 2006
    Location
    Troy, MI
    Posts
    3

    Default Verbal Contract for Car Sale

    I am currently financing a car (I still owe $4552.00) and wanted to turn it in to a dealership and lease a new car. A friend at work told me not to turn it in bc she really wanted to buy it. I have asked her for over 2 months now if she was serious and really wanted to buy it and she kept saying "yes" and "please wait until February when she gets her financial aid money" and her lease is up on March 5th on her car and cannot lease another car due to her bad credit. She told me about a month ago that she would give me what I owe plus an additional $500. I told her i would have to get the exact payoff but it would be around $4500 that I still owed on it. Also the front bumper is cracked and two weeks ago I had access to my mom's car bc she was going on vacation so I said I would get the front bumper fixed for $500 (my insurance deductible) that week so i could use her car while they were fixing mine. My friend told me NOT to get it fixed bc she didn't mind and she knew people who could fix it for her cheap. Last Thursday I called and emailed her with the payoff total and said she didn't have to pay the extra $500 to me bc I did not get the car fixed since she asked me not to. The payoff was $4552. I asked if she could send a cashiers check to GMAC and gave her all my info and paperwork for the car, etc. She said no problem. On Monday I went to pick out my new car and at the dealership was asked if I would be trading in my old car so i called her and she assured me she was buying my car. Ok. I had them hold the car for me figuring I would come back in about a week when the check cleared. Tuesday she said she mailed the check. Wednesday she said she had to borrow money from her dad bc her money hadn't come in yet but he would only pay $4000 for my car..I said ok that I guess I would pay the rest ($552) and she said she could pay me back later. Later on that day she told me her dad had sent the check in. Today (Thursday) she came to me in the middle of work and said that her dad would not buy my car and was going to lease her a new car and she was very sorry. Is there anything I can do about this? Are verbal contracts legal in Michigan? I have a lot of witnesses that can vouch for her saying she would buy my car. Now I am stuck bc the deal that I had worked out with the dealership is only good until the end of the month. Now I have to either trade it in and lose money or find a buyer in the next day. What can I do?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Oral Contracts

    You may be able to recover damages from her, in the event that you sell the car for a lesser value than you agreed. It's likely that any claim you might bring would end up in small claims court.

  3. #3
    Join Date
    Feb 2006
    Location
    Troy, MI
    Posts
    3

    Default

    Right now a used car dealer is going to give me $3500 for it so if I took the paperwork to court could I sue her for the remaining payment? How would I go about doing this?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    Here's some information on Oakland County's small claims court.

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