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Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem..If you had a verbal agreement to partner up on the car and he has breached it by not selling it to reimburse you for your time and expenses, then he would be in breach of an oral contract. The state where the agreement was originally entered into would control with regard to a statute of limitations to pursue this. In NM, there is a 4 year SOL on an oral contract, so if you don't take action to sue him within that time, you lose the right to pursue this at all..With regard to where you would sue, since TX has a $10,000 limit and that is where he and the car are located, that would be where to sue in because you need personal jurisdiction over him in order to be able to force him into court. If it were me, I would sue for the maximum amount and see if you could at least get your $5K back at a minimum..
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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.
I really appreciate your answer. The only question that I have now is, does the verbal contract get wiped out because written, and if the receipts I have for the purchase of the car are exactly 10,129.oo, which is the amount f the money in the contract. Would they even have a case if they were evil enough to go after me, knowing that I'm out money and labor when they have the car ?
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