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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34340
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I sold my husbands used motorcycle to an acquaintance who

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I sold my husband's used motorcycle to an acquaintance who purchased the bike sight unseen. He didn't contest the amount I was asking for the bike. I was upfront about the make, model, and year of the bike. I sent him pictures of the bike. The whole transaction was completed by text due to our different work schedules. No written contract was completed. I have all texts to and from him. He decided after he had the bike for awhile that the bike wasn't worth what he had agreed by text to purchase. He had taken bike to mechanic and they said it needed new brakes. Other individuals had driven the bike over the summer and never mentioned to me that there was a problem with the brakes.
The agreed upon price was $1800. I had some sympathy regarding the brakes issue and reduced the price to $1500. I heard from 2 different individuals that he was seriously considering trading in the bike for a newer model. Which means I would get the shaft out of the remainder of what he owes me.
I live in Idaho. If it comes down to it, and I have to take him to small claims court, would the texts to and from he and I count as a contract?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Did he pay you anything towards the bike purchase?
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And he actually agreed to purchase the bike and then took possession of it?
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Thanks
Barrister
Customer: replied 3 years ago.

Yes, he has paid $150 last month.


Yes, he agreed to purchase the bike sight unseen. His text said that as long as it starts the price was okay. Yes, he drove off on the bike on Sept 1 from the friend's garage it was being stored in. He had a week to check Blue Book and dispute price and he didn't.


 

Ok, from a purely legal perspective, even without a written agreement, you have a completely legally binding oral agreement for the sale of the bike. The texts would just serve to reinforce that fact. Oral contracts are completely enforceable as long as there is an offer (to sell the bike) an acceptance (I will buy the bike) and some type of consideration (the $150).
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So at this point, if he doesn't pay you, then you have rock solid footing to sue him for breach of contract for the remainder of the price. You could only go after the $1500 total because you argeed to modify the original terms or the contract though. But if you did have to sue him, you can recover your court costs for having to do so in addition to the remaining $1350.00.
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Thanks
Barrister
Customer: replied 3 years ago.


Thank you.


I would only go after the amount he hasn't paid. He is trying to say that I am being immoral by not dropping the price even more.


It does feel like he is taking advantage of me, because I am an acquaintance and a woman. Not that that's important..

He is trying to say that I am being immoral by not dropping the price even more. It does feel like he is taking advantage of me, because I am an acquaintance and a woman.
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Those are my thoughts exactly and it sounds like he is trying to guilt himself into a better deal. You could tell him if he didn't want the bike he can return it and you will refund his $150 if he didn't think it was a good deal...My bet is that he won't return it.
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Thanks
Barrister
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