Full question:
I found a used car I wanted to buy on the internet. I met the seller at his house with 2 of my friends. I bargained from $5200 to $4500. We shook hands 3 separate times and closed the deal. This was done in front of my friends and the seller's wife. He even told me that he would not sell it to anyone (in front of my friends). However, he sold the car to someone else, apparently that same day. Do I have a case to sue him in small claims court for breach of an oral contract? I have an email admission from him that he went back on his word.
- Category: Small Claims
- Date:
- State: Washington
Answer:
The statute of frauds requires certain contracts to be in writing to be enforceable, including sales of goods priced at $500 or more. This law aims to prevent false claims about agreements that weren't formally documented. In many states, a contract for the sale of goods over $500 must be in writing and signed by the party being charged (the seller in this case). Some courts have accepted typed signatures in emails as sufficient to meet this requirement, while others have ruled that unsigned emails do not satisfy the statute. The question of what constitutes a 'signature' in an email can vary by jurisdiction. If your email includes the seller's typed name and clearly indicates their intent to agree to the sale, it may be considered a signed writing under the statute of frauds. However, this interpretation can differ by state.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.