Englewood, CO asked in Contracts for Florida

Q: I agreed to sell a car, have text stating “sold” on my way, after we agreed to price. He cancelled. Can I sue?

We negotiated a price, I sent multiple pictures of everything on the SUV. We waited for hours and he didn’t show. He met all the requirements per Florida law for agreeing to purchase. I missed others from buying due to his agreement. Everything is documented via text. I live in Florida, he’s from SC. Since then, he’s made statements and had others text me about the vehicle being a rust bucket. It is not rusty and I have the pictures to prove it.

Related Topics:
2 Lawyer Answers
Mark Siegel
Mark Siegel
Answered
  • Sarasota, FL
  • Licensed in Florida

A: Would have to see documents and correspondence, but it seems that you can sue for breach of contract.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: You can always attempt to sue. I have concerns about your ability to prove that a binding contract was formed, as I am sure that he will claim that he wanted to visually inspect the vehicle before he made his final decision. I understand the frustration that you feel, but I suggest that you count the cost before you embark on a lawsuit to sue for specific performance based upon text messages and no written signed contract.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.