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Stan
11-10-1999, 04:12 PM
This might be boring to read for some but interesting for others. I posted a few times on this board about the rotten thing that happened to me just before taking delivery of my M3. Some have said too bad , a lawyer is a waste.in this case.<p>I spoke to the CCA ombudsman. I have a case. I spoke to my atty: I have a case. I received a response from a legal message board - I have a case. Three out of three.<br>For those who may find this info useful here is a partial response, below my name.. The CPA student guy said "waste of time" though on this message board. Three out of four? Maybe he was the car owner, just kidding.<p>I'll have to give the matter some thought. Behave out there guys! Be careful and fair buyers and sellers.<p>Stan<br>-----------------------------------------------------------------------------------------<br><< I reached an agreement to buy a car from an acquaintance. We had several phone calls and agreed on acceptable price terms and conditions. We emailed each other during the process, but there is no physical paper. <p>: Two hours before picking up the car the seller said it's no longer for sale. He also mentioned receiving higher offers.<p>: Do I have any recourse whatsoever?<p>: Stan<p>Yes. If there was an offer and acceptence there is an enforceable contract. It is not neccessary that there be a writing. The emails can be used as circumstantial evidence to prove the contract. The problem is the remedy. You could go right into court with an order to show cause with temporary restraints that the car not be sold pending your action being heard. If the car gets sold your damages are difficult to ascertain. The process you must follow is a very technical one and you should have a lawyer. If you want to proceed I suggest you go to a law library and consult the practice series for forms.

andy s.
11-11-1999, 04:19 PM
That's what so great about law. You have a law but there's always an exception. I told you before that without a writing is almost impossible to have any recourse but the response you got from a lawyer is true. If the e-mails are in regard to the purchase then those writings are proof of a contract. Still not worth the time and money but you do have a case.<p>disclaimer: I am not a lawyer and I am only stating an opinion and not facts.<p>andy

Space Wanderer
11-12-1999, 06:16 PM
<i>: That's what so great about law. You have a law but there's always an exception. I told you before that without a writing is almost impossible to have any recourse but the response you got from a lawyer is true. If the e-mails are in regard to the purchase then those writings are proof of a contract. Still not worth the time and money but you do have a case.<p>: disclaimer: I am not a lawyer and I am only stating an opinion and not facts.<p>: andy<p></i>Cases involving a breach of verbal contract is as serious as those involving a written contract, and they are more frequently won than you might imagine. I am not a lawyer either, but law is a favorite subject of mine and I know a bit about it. Also, dispite what more logical individuals might say, the M3 is worth it, especially if it's one you particularly fancy. It took me three years to find an E30 M3 in the color I wanted, and in good condition. Take the devil to court!


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