Santa Clarita, CA asked in Contracts and Small Claims for California

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

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1 Lawyer Answer
Jonathon Maddox
Jonathon Maddox
  • Redding, CA
  • Licensed in California

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.

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