Asked in Contracts for Arizona

Q: Are verbal agreements binding between a used car buyer and a car dealership?

Is a verbal agreement that was made prior to purchase of a vehicle binding for work that is to be performed on a vehicle after the purchase? The car was delivered to the dealer to perform work that a verbal agreement had been agreed to at the time of purchase, and then the dealer refused to honor his word after 5 days of the vehicle being in their shop and no work being done to the vehicle. The dealer is offering unsatisfactory alternatives in exchange for the original agreement.

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1 Lawyer Answer

A: Possibly. It is possible Arizona's version of the UCC applies, and a written contract may be required. More importantly though, was there a written contract eventually for the purchase? If so, that contract likely has a clause that limits the terms to the written contract, which likely excluded what you talked about. That could be difficult to then overcome. However, if they used the oral part to induce you to buy, you would have an argument that it was to be part of the contract.

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