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Gt-R 34 Rolling Shell

Rizzz
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Rizzz Community Regular

Rizzz

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Hahaha who's the keyboard hero now. Fair enough man haters are going to hate your making a lot of assumptions having never met me. I truly don't deserve it? Man oh man if you only you knew what I've gone through to own this car. Exactly built not bought that's why I've changed everything on the car so it does resemble what it once was, it was going to be a street/track car. Looking forward to meeting you one day Tom seem to know a lot about myself :)

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Hanaldo
Hanaldo

Actually it is. It's important to understand these things, lest you get yourself in trouble. A verbal contract is just as legally binding as a written one, so long as all parties are above the age of

RiseofBrutality
RiseofBrutality
IOWNU Grand Master

IOWNU

Posted
Posted

For a forum full of males we do love drama don't we.

Okay, the OP made an error in judgement and went back on his word. This amounts to unethical behaviour.

However, calling the OP names, rich kid, spoilt etc, is no better and for the most part is just as unethical.

Let's all move on, is the car on the market or not? If it is, may the best bid win and hopefully the OP will conduct the transaction in an ethical manner this time.....

Plattsy Grand Master

Plattsy

Posted
Posted

i agree with neither side here.

but there are that many f**kheads around, until the money is in my hand its still for sale. thats they way it goes everywhere else on the planet why should it be different here.

Plattsy Grand Master

Plattsy

Posted
Posted

i agree with neither side here.

but there are that many f**kheads around, until the money is in my hand its still for sale. thats they way it goes everywhere else on the planet why should it be different here.

*unless some sort of contract is in place.

IOWNU Grand Master

IOWNU

Posted
Posted

*unless some sort of contract is in place.

Technically (or theoretically rather) you can enter into a contract without a deposit being taken if the seller shows clear intention.

Practically, it is almost impossible to prove until a deposit has been paid.

I think the issue falls more within the ambit of an ethical/moral framework, as opposed to a legal framework. Put simply, when you tell a bloke something, you should stick by it. We are all prone to errors and make mistakes, I think we should leave this issue at that and hope that the OP learns from it and engages in better dealings moving forward.

Plattsy Grand Master

Plattsy

Posted
Posted

your sort of correct. a verbal isnt binding until an exchange has taken place. other wise every seller on the planet would be taking flaky "buyers" to court!

but yea when its this much money i would still take a higher amount, or at least give the original buyer a chance to match it or come to some sort of deal.

but i guess theres no way of knowing what we all would do unless we where in this position.

IOWNU Grand Master

IOWNU

Posted
Posted (edited)

your sort of correct. a verbal isnt binding until an exchange has taken place. other wise every seller on the planet would be taking flaky "buyers" to court!

but yea when its this much money i would still take a higher amount, or at least give the original buyer a chance to match it or come to some sort of deal.

but i guess theres no way of knowing what we all would do unless we where in this position.

There have been cases where the courts have rendered a verbal exchange without a deposit binding, particularly so if a reliance is made based on a statement or portrayal of the seller.

But as I said, it isn't practically applicable, albeit, theoretically possible in specific scenarios. I don't think anyone is arguing that the OP is legally in the wrong though...

Edited by IOWNU
34GeeTeeTee Grand Master

34GeeTeeTee

Posted
Posted

Wow.....

On another note, would have been a good buy for T4NK who just had a roo write off his car.... Shame!

Hanaldo Grand Master

Hanaldo

Posted
Posted

your sort of correct. a verbal isnt binding until an exchange has taken place. other wise every seller on the planet would be taking flaky "buyers" to court!

but yea when its this much money i would still take a higher amount, or at least give the original buyer a chance to match it or come to some sort of deal.

but i guess theres no way of knowing what we all would do unless we where in this position.

Actually it is. It's important to understand these things, lest you get yourself in trouble. A verbal contract is just as legally binding as a written one, so long as all parties are above the age of 18. All it needs to be a legally binding contract is:

An agreement between one party and another - in this case an offer was obviously made for the car, and that offer was accepted by the OP. This does not need to be written down, as a concluded agreement was implied by each parties actions. Obviously the OP accepted the offer when he posted here that the car was sold, and the potential buyer had considered that offer accepted.

Then there needs to be consideration - a return of some form for each party, which must be something of value but does not have to meet the value of the object, only an agreed value between the parties. Had the OP offered to give the car away for nothing in return, that would not constitute a legally binding contract. Had he accepted an offer of 5 kidney beans, that is then an agreed value and would be legally binding. I think the consideration in this case is obvious...

Then there needs to be a certainty of terms. However this does not need to be expressly communicated between the parties, it can be implied terms through common law or statute law. For example, an implied term of contract is the duty of both parties to take reasonable measures to cooperate.

Then there is the intention of both parties to make the contract legally binding. Again, this does not need to be written, it is implied by the parties actions. The OP has said he was awaiting the deposit, therefore it's pretty clear that he was intending to legally conclude the deal, until he got a better offer and got cold feet. The potential buyers intentions seem pretty obvious, he wanted to buy the car.

The last two elements of contractual law are the legal capacities of both the parties (ie, not under the age of 18, and not mentally disabled or ill), as well as the legality of the object in question (ie, you can't make a legally binding contract regarding the sale of illicit drugs or human trafficking, etc.).

Consider yourselves educated! ;)

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