How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46792
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I verbally agreed to purchase a car from a private seller.

Resolved Question:

I verbally agreed to purchase a car from a private seller. No money exchanged hands and there was no written agreement, witnesses or confirmation. Collection and payment was to take place a week later.
Unfortunately within the 7 days a close family member passed away. I informed the seller that I could not continue with the purchase of his car or any other car due to the bereavement. He said he understood and then readvertised the car.
Can the seller enforce the original agreement.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Is the seller actually trying to enforce it?

Customer: Not at the moment and there has been no discussion about enforcing it. When I informed him about having to walk away from the vehicle 3 days after viewing vehicle he said "he understood" but he was obviously not impressed. He resisted the vehicle for sale at the same aboriginal asking price within 48 hours of cancelling
Ben Jones :

A legally binding contract is likely to have been in existence because that is created when there is an offer and an acceptance, with some consideration. So if you offered to buy the car at a certain price, the seller accepted that and then took the car off sale then that is all very likely to have resulted in a legally binding agreement. So if you subsequently refused to proceed with the purchase you could be acting in breach of contract, which in turn could enable the seller to pursue you for breach of contract. However, they cannot force you to buy the car, no one can actually force you to part with your money and accept the car in return. The most likely scenario is that if the seller wanted to take this further they would sue you for any losses they have incurred as a result of your breach of contract. In the circumstances this could be the fee they had to pay to relist the car and perhaps the difference in price if they could genuinely not sell it for the same amount as what you had offered. Depending on what happens these losses could be rather small and not worth taking the matter any further. So do not worry too much about it at the moment – the seller has relisted the car and hopefully it will soon sell for a similar amount. It would not be worth their time and money taking this any further and dragging it through the courts.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer: Excellent thank you. The consideration was quite high but agree hes unlikely to pursue any expenses. The adverts are free.
Customer: Once he sells in the future, if any difference between my agreed price and what he eventually accepts he will probably be happy to have sold rather than look to claim any difference. The certified value is greater than the agreed price so if sold for less I presume he would have to explain why the difference.
Ben Jones :

yes exactly, and for what this would all be worth I very much doubt it would be something sufficient to take further. It also appears he has reluctantly agreed to cancel your sale and try to re-sell it. He may not have been happy doing so but that does not mean he will be looking to take any action against you as a result

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46792
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice