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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 17222
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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I made a verbal agreement to sell a car. Guy is sending me

This answer was rated:

I made a verbal agreement to sell a car. Guy is sending me a check in mail. I find out car is worth alot more. I am in NY, buyer is in CA. Can I back out and send him his check back?

WALLSTREETLAW :

Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.

WALLSTREETLAW :

If you did not have a written contract outlining the sale details,

WALLSTREETLAW :

you do not have to accept the payment, and advise him in writing that you will not be selling the vehicle,

WALLSTREETLAW :

The buyer would have to prove in Court that you had a verbal agreement which specifically states you cannot change the terms,

WALLSTREETLAW :

typically if you did not accept or cash the check, the transaction is not complete,

Customer:

He is sending the check, fedex. can I just send it back?

Customer:

With a letter to him expaining that I am not selling the car for that price?

WALLSTREETLAW :

you can send it back, however you should email him now or call him now, stating you are withdrawing your offer,

WALLSTREETLAW :

and will not receive a payment for less than the book value or will decline the sale.

Customer:

the problem is, the book value. It is a 1969 porsche 911.

WALLSTREETLAW :

You should send a letter now stating you decline the offer, and will not sell the vehicle,

WALLSTREETLAW :

An offer is not a contract,

WALLSTREETLAW :

you can change the terms of an offer at anytime,

WALLSTREETLAW :

I would send an email stating this as soon as possible.

Customer:

Thank-you ... I hate this stuff ... I just want to get what is right for me ...

Customer:

I jumped the gun too quickly ...

WALLSTREETLAW :

Yes, and if you did not cash the check, you are fine,

Customer:

Thank-you

WALLSTREETLAW :

and without any written contract, a lawsuit will be difficult as NY requires under that contracts for goods over $500 be in writing,

WALLSTREETLAW :

So you should be fine,

Customer:

Thank-you

WALLSTREETLAW :

Good luck, and if satisfied with our service please provide us with positive feedback, thank you

WALLSTREETLAW :

Good luck, and if you have any further questions please do not hesitate to ask.

WALLSTREETLAW :

If satisfied please provide us with positive feedback, so we can receive credit, thank you

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