Q: Small Claims-Oral Agreement-Breach of Contract..Defendant offered to the plaintiff to put a car in the defendant's name.
Plaintiff paid down payment plus payments for a year believing she would be paying for the car to completion then defendant took the car. Plaintiff is suing for the down plus payments made. Defendant original offer to the plaintiff included 200 dollar payment to the defendant and a belief that it would improve the defendant's credit score. Is this contract legal and can the plaintiff prevail? Los Angeles County, Ca
A:
There are many issues not explained here. A contract has to have certain specific details, but it doesn't necessarily have to be written if it's only for a few hundred dollars. If the details were properly explained in an oral agreement, then there was a contract. Not having the contract in writing though can allow for issues, just like this one. Unless you have proof as to what the contract was supposed to be for, then it turns into a "he said-she said" situation.
The contract being valid would generally force the defendant to follow through on the contract. The courts finding that the contract wasn't valid, would still allow for reimbursement from all payments that were made on the contract. But there's not close to enough details to definitively state which party would win.
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.
