brobox |
10-25-2021 02:48 PM |
Quote:
Originally Posted by McLee
(Post 5962417)
Indeed a written contact is far better than an oral one, but oral contracts are valid and enforceable. It all depends upon the testimony of the buyer and seller and how believable they are to the judge. It helps if there are emails, texts, phone messages, witnesses, or contemporaneous notes that record the intention of the parties. There might be an implied warranty, which is why I always write a simple bill of sale that says "AS IS" when I sell something major. A visit to any attorney for an initial, usually free, consultation, might be in order. A stern letter from any attorney might break things loose.
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I deal in rental contracts daily. Statue of Frauds in most states. A contract must be in writing to be enforceable. Unwritten contracts are a "he said, she said" and not enforceable. The statement, if texts, emails, etc. are available, they are written agreements, without those, there is nothing to enforce.
If I sold the MH and spent $3,000 with receipts for the agreed generator repair and it was running when the buyer was satisfied and wrote the check, it's a done deal. That is the delivery and acceptance of any contract. If I did everything I agreed to do on the sale, a letter from an attorney wouldn't scare me a bit.
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