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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
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Experience:  Solicitor with over 15 years experience.
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My brother and his wife wanted to buy my daughter´s Prius from

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My brother and his wife wanted to buy my daughter´s Prius from her 26 or so months ago, they offered her 7000k for it. She had been told by phone by a garage, that she could get maybe up to 5500k for it depending on it´s condition. ( like brand new at this stage) All this time later, they have not paid a penny to my daughter, run up fines in my daughter´s name that we have paid, and have now both scratched and dented the car, smoked in it, and of course added mileage, all which have depreciated the value. They are saying they originally offered 3000k! They had it valued recently and were told if they sold it privately they may get 4500k, and a garage would probably pay 4000k. If my daughter had known they were going to drop their offer she would not have let them have the car in the first place. As we have nothing in writing apart from current value and emails where they admit to paying nothing for it so far, is there any point pursuing a legal route to claim the 7000k that was offered which they now dispute? Clearly the 3000k was a figure pulled out of thin air and is laughable as the car has been valued at more than that in the last week?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will try to help you with this.

Customer:

Thank you

LondonlawyerJ :

A verbal agreement was reached to sell the car to your brother and his wife. The car was transferred to them in expectation that they would pay £7,000. as agreed. They have not paid anything at all. It sounds as though the car has not been registered in your brother's name if your daughter is getting the tickets. Also is he simply refusing to pay anything at all or i she saying he will pay the £3,000 he claims was the sale price.

Customer:

The car has now been made over to them, to avoid further fines, they are saying they will sell the car and get what they can for it, and then sell some shares and top it up, but they won´t say what to, and I doubt it would be the 7000k originally quoted as they are fiercely disputing this. This was my daughter´s inheritance from her father, and if she had sold it for the 5500k she could have got 2 years ago, and invested the money it would be worth more than 5500k. I just hate the fact as she is 23 yrs, they reckon they can scam her. They have pleaded poverty, while taking numerous breaks abroad, running up regular bar tabs of 300 pounds a month, buying a 700 pound puppy, and basically living way beyond their means. My daughter Anna has, as have I had conversations, emails exchanged promising to start paying, but so far nothing.

LondonlawyerJ :

A verbal contract is as binding in law as a written one. However there are sometimes difficulties proving the terms of any such contract. Facts in your favour include that the car was transferred but nothing was paid. A fact against you is that the price agreed seems to be above the sale price suggested to your daughter by the trader. Your daughter's remedy is to commence proceddigns in the small claims court for payment of £7,000 compensation fro breach of contract. Her first step should be to write a formal letter before action that sets out: the date of and fact of the agreement to sell the car, the price agreed, the time for payment agreed (if any), that in reliance of this she delivered the car to your brother. That she has still not received payment. That she seeks an order for payment of the full sum owed. She should also state that if he does not pay in full within a specified time (say 28 days) she will commence proceedings against him for compensation. She could agree to accept return of the car plus the difference in value between now and when it was given to your brother. If he doesn't respond with an acceptable offer then if she wants to get the money owed she will need to issue proceedings. This is straight forward to do and if you follow this link you will go to the Government site for bringing small money claims. https://www.moneyclaim.gov.uk/web/mcol/welcome

Customer:

Thank you very much, you have been very useful

LondonlawyerJ :

Thankyou. I would be grateful if you owld please rate my service to you. This will not close the question and I will continue to answer further questions but I will not get paid for answering your question without a positive rating from you.

LondonlawyerJ, Advocate
Category: Law
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Experience: Solicitor with over 15 years experience.
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