Agreed to sell car to aggressive buyer

daytona0

Zandoni wrote: »

I doubt he has even bought a ticket yet.


I'd just email him and cancel the sale, if the potential buyer moans that he has already bought a ticket then the OP can reimburse if they wish, but they must see some evidence of purchase.

You doubt it?! So the OP mentioned that the prospective buyer had bought a train ticket and on that basis you doubt the legitimacy of it?? Also, we are taking a huge leap of faith in assuming that the OP is vulnerable to the point whereby they aren't physically able to look after themselves and be unable to sell a car properly. It is important to note that OP would very likely have a carer were his problems significantly affecting his performance in listing and selling a car, so you have to attribute some blame to the OP in ending up in this situation (either for not drawing upon his support network, or being of able mind to list the car but now using his condition as a get out clause). If the prospective buyer has been abusive then the OP should also report this to the police.

Suppose, given the email sent by the OP, the prospective buyer turns up after purchasing a non refundable train ticket only to be told that the car is no longer for sale.... whose fault is it that the buyer bought the train fare in the first place? It would be the OP in sending an email which clearly states that there is an intention to sell to this prospective buyer. On that basis alone, and given the information at hand with the OP's post, then it is not unreasonable to assume that the OP is liable for the train fare in such an instance as OP has invited the buyer with the sole aim of discussing a sale. Whether this has a legal basis is something which I can't fully comment on, but OP has messed up a bit here and responsibility needs to be taken on his part.

unholyangel

Laz123 wrote: »

Your email isn't a contract. A contract is when monies have changed hands. Get a friend/neighbour/relative to give you support when you tell him to !!!!!! off.

No, thats called a sale. A contract can exist before money or goods have exchanged hands.

(5)Where under a contract of sale the transfer of the property in the goods is to take place at a future time or subject to some condition later to be fulfilled the contract is called an agreement to sell.

The above is from the SOGA and theres also the below if you prefer:
http://www.contractsandagreements.co.uk/legally-binding-contracts.html

Formation of a Contract
There are two basic rules to the formation of a legal contract; offer and acceptance. One party makes an offer or agreement to provide a service and the other party accepts the offer. By setting out the terms and conditions of offer and acceptance a legally binding contract has been made. If the contract is broken, or breached, then the law can used to enforce the contract.

Consideration and Intention
Consideration and intention are two other factors that make up a legally binding contract. Consideration is usually the exchange of something, such as wages for work with an employment contract. Intention is where both parties make a contract with the intention of that contract to be legally binding. These terms are used more in common law and may not hold any weight if a dispute reaches the law courts. If a dispute does reach the law courts then a judge will be looking closely at the terms and conditions of the contract in practice.

All depends on what exactly has been discussed and if the conduct of both parties indicate they intended the agreement to be binding. Emails can be binding if the necessary elements are present in those emails.

jjlandlord

unholyangel wrote: »

In a situation such as this, its unlikely theres a contract in place unless he is coming on monday with the sole intention of collecting the car and payment was agreed to be paid upon collection.

IMHO, the wording is clear: There is a contract.
Indeed, there has clearly been an offer, acceptance, and consideration (buyer promised to pay an agreed sum for the car).

Now, if OP decided to breach the contract, the buyer would only be entitled to be compensated for his loss, which arguably is not much or nothing at the moment.
He could also seek to enforce the contract but that seems unlikely.

Marktheshark

jjlandlord wrote: »

IMHO, the wording is clear: There is a contract.
Indeed, there has clearly been an offer, acceptance, and consideration (buyer promised to pay an agreed sum for the car).

Now, if OP decided to breach the contract, the buyer would only be entitled to be compensated for his loss, which arguably is not much or nothing at the moment.
He could also seek to enforce the contract but that seems unlikely.

No E-mail counts as service for a contract or legal notice.
What has been sent is an offer to treat.
Both parties can back out until that offer is fulfilled

unholyangel

Marktheshark wrote: »

No E-mail counts as service for a contract or legal notice.
What has been sent is an offer to treat.
Both parties can back out until that offer is fulfilled

nicholas prestige homes v neal to name just one.


Emails can indeed constitute a legally binding contract if (as above) all necessary elements are present.

jjlandlord

Marktheshark wrote: »

No E-mail counts as service for a contract or legal notice.
What has been sent is an offer to treat.
Both parties can back out until that offer is fulfilled

I'm sorry to be blunt, but you're talking out of your backside.

(1) It is absolutely possible to serve legal notices by email.

(2) One does not "serve a contract".

(3) A contract does not have to be in writing, so what is important is to have evidence that a contract was indeed created.

(4) An 'invitation to treat' is for example putting a "for sale" notice with the asking price on the car.

(5) Based on (4) a potential buyer could offer to indeed buy the car for the asking price, or another price.

(6) Based on (5) the seller could accept the offer, thereby creating a contract (there has been offer, acceptance, and consideration).

From what OP said, (6) clearly happened.

atrixblue.-MFR-.

I would write back saying sorry to inform you the vehicle has been written off as of Friday, and is now no longer offered for sale.


Take the vehicle off sale for a week or so then advertise it locally only or sell it to a local trader for cash.

Zandoni

daytona0 wrote: »

You doubt it?! So the OP mentioned that the prospective buyer had bought a train ticket and on that basis you doubt the legitimacy of it??

Yes I certainly do doubt it, the OP said the prospective buyer said he bought a ticket. He could easily be using that as an additional lever.

cookie365

People are telling the OP to lie in order to try to wangle out of a legitimate contract.

Is that the MSE ethos?

Zandoni

cookie365 wrote: »

People are telling the OP to lie in order to try to wangle out of a legitimate contract.

Is that the MSE ethos?

You have to fight fire with fire.