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That 91 m3 that got away.. Some legal info.... (archive)

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Posted by Stan on November 10, 1999 at 15:12:23:

This might be boring to read for some but interesting for others. I posted a few times on this board about the rotten thing that happened to me just before taking delivery of my M3. Some have said too bad , a lawyer is a this case.

I spoke to the CCA ombudsman. I have a case. I spoke to my atty: I have a case. I received a response from a legal message board - I have a case. Three out of three.
For those who may find this info useful here is a partial response, below my name.. The CPA student guy said "waste of time" though on this message board. Three out of four? Maybe he was the car owner, just kidding.

I'll have to give the matter some thought. Behave out there guys! Be careful and fair buyers and sellers.

<< I reached an agreement to buy a car from an acquaintance. We had several phone calls and agreed on acceptable price terms and conditions. We emailed each other during the process, but there is no physical paper.

: Two hours before picking up the car the seller said it's no longer for sale. He also mentioned receiving higher offers.

: Do I have any recourse whatsoever?

: Stan

Yes. If there was an offer and acceptence there is an enforceable contract. It is not neccessary that there be a writing. The emails can be used as circumstantial evidence to prove the contract. The problem is the remedy. You could go right into court with an order to show cause with temporary restraints that the car not be sold pending your action being heard. If the car gets sold your damages are difficult to ascertain. The process you must follow is a very technical one and you should have a lawyer. If you want to proceed I suggest you go to a law library and consult the practice series for forms.

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