If someone agreed in text to buy a vehicle, but payment hadn't been made, is it legal to back out?

Question

My boyfriend has a scooter and had made a deal with a friend to sell it. The friend agreed orally and via text message, records of which can be pulled from the cell phone provider, on a buying price, ascertained that he was buying the vehicle, and even received the keys to it.

My boyfriend has been waiting for payment for months, the friend promising even just last week that he would pay for the scooter. Now today he has decided to back out of the agreement in order to buy something else.

Is it legal for him to do so? What should my boyfriend do? Records of the agreement can be pulled up from the cell phone provider. It really inconveniences him that this deal isn't going through because he had plans for the money, and recently has cut back on his shifts at work.

Thanks for any help about the legality of this situation.

Answer 1

NO deal!  a deposit is necessary, so your honey can keep it,IF this happens.If they live together ,friend must buy BEER

Answer 2

If no money has changed hands, there is no deal. If your boyfriend turned over the keys or the vehicle without payment, he is a fool.

Answer 3

Technically, your boyfriend is $crewed. If you are in the US, go on Judge Judy, she'll yell at him (the friend) and make him pay something for being a doouche.

Answer 4

Hello

I am not sure of your residence however, in most states verbal contracts are binding. Additionally, buyers generally have a ‘Right of Rescission’ (normally 72 hours) which does not appear to be the case in this situation. Your boyfriend may file in Small Claims Court for damages; there is a nominal fee to file.

Answer 5

I'd think not; there is no proof that the friend was the one actually sending the texts. He could say someone else had his cell & as for orally agreeing, he can deny that.

Do what every right minded American would do though & just sue him.

Answer 6

Did he take custody of the vehicle? If yes, you most likely have a contract.