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I was going to buy couches for 600 dollars for someone, but decided not to. I never called the guy to say I changed my mind, and a week later he called asking when I was going to pick them up. I told him I was not going to be buying them, and he told me he had already bought a new set for their living room and threated to take me to court if I didnt buy them. Can he sue me? There was no contract, only text messages.
Optional Information: State/Country of Question: Virginia Already Tried: He also changed the original pick up date which was why I could not pick them up. The text messages just were about the date and time to pick them up saying I will be there. 5 days in advance.
Hello,
Oral contracts can be as binding as written contracts under certain conditions.
Some oral contracts are legally unenforceable. These four types of contracts, which involve a high risk of Fraud, typically must be in writing by law. They are:
Contracts for the sale or purchase of land Contracts for the sale or purchase of goods priced at $500 or more (with a few significant exceptions) Marital settlement or prenuptial contracts Contracts that cannot be performed within one year of the time the contract is made
When you began texting this can be evidence of an attempt to contract. One problem here is if there are separate written communications (texts) that show an offer and acceptance then the guy can argue a contract was formed.
The reality of the situation isthat there was an offer and an accptance but no consideration was ever paid. Unless your text messages say, in essence, "I will buy the couches for 600, and he says ok " and that is it, he is probably not going to be able to win.
If you did offer by text, he did accept by text, and he turned down other offers because of your agreement, then you might be held liable if he sues.
I hope this helps.
Thanks.
Matt
The text messages state exactly "Is noon on the 6th ok for us to pick up the couches?" his reply... "I will be gone by then. It needs to be by 8." my reply " on the 6th?" his reply "yes" my reply "ok"
Is that considered a verbal contract?
I would not view that as a contract then. You could have gotten there, examined the couches and discovered a big rip, hole, burn, whatever....in the couches and decided not to buy. Since you didn't show up to buy on the 6th, he was on notice of your recission of your offer by nonperformance and expiration of time.
He is out of luck.
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