Advice - UK Seller breaks verbal contract.

Rooster_Norwich

I recently agreed to purchase a large telescope at a price of £1800. This was agreed over the phone with the seller.

Seller wanted a £200 deposit and it was agreed that I would sell my own telescope first to fund the deposit. Seller was fine with this, said that the scope was mine, he wouldn't sell to anyone else and there was no rush on the cheque.

Next thing, I get a message on my work phone saying the scope has been sold to someone else. Even though I now have a buyer for my own scope.

To put it mildly, I am BLOODY ANNOYED....:mad:

Advised him that we had entered into a verbal contract and he said he decided to sell and that was the end of it. Other buyer has left a deposit.

I didnt even get a call or a refusal offer. As far as I am concerened I was the buyer of that item as the seller clarly said that he would not sell to anyone else and that effectivelyy the scope was reserved for me until I had sold my own scope to fund the deposit.

Where do I stand on this legally? Is this a small claims matter?

Appreciate any advice you can give please....... quicker, the better....

Mark

woohoo_postingid

I don't know about the legality of it but I don't think you will get the telescope and tbh, I wouldn't get too worked up about it. It's a pain but is it really worth the hassle?

Rooster_Norwich

Yes I think it is worth it as the entire system was worth nearly £5000

sparky883

Verbal contracts are legal but impossible to prove in the small claims court unless the calls are recorded,So yes you lost the telescope but these things happen!! If you had the money to start with you could have brought it.

Rooster_Norwich

You may have £1800 laying about, I, unfortunately do not. This was explained to the seller and was told " not a problem" as there was no rush for the funds.

mute_posting

I think it boils down to lost opertunity which a court will not compensate for.

I.e. it doesn't matter that it was £1800 but worth £5k - all you have lost is the opertunity to make such saving.

I should add, had you actually managed to pay the deposit before the other buyer, things "may" have been different.

As it stands, although it clearly annoys you there isn't much you can do and any legal action (IMHO) will prove fruitless and probably end up costing you dearly (Which given that you were requiring to sell your scope to raise the deposit in the first place, suggets that finances are tight)

HTH

MP

Rooster_Norwich

Oh well, thats that then, bloody annoying though. Seems a verbal contract isnt worth anything unless you are on the receiving end of one from a company.

Thanks for the advice guys, I'm off to get drunk.