Legal Question

[Cliff Hanger]

Here's a question for any legal experts out there. My mother-in-law is selling her house and my wife is trying to get rid (sell off) as much stuff as possible before settlement. My wife's friend's son wanted to buy a paddle boat for $100.00. My wife agreed to it. At the last second, my wife decided not to sell it but keep it for herself and our kids. The friend's son was understandably upset about it and has threatened to take her to small claims court because she had said he could have the boat. No money was exchanged. Would this stand up in a court of law or would he need some kind of signed contract?

[Seth Doty]

Here's a question for any legal experts out there. My mother-in-law is selling her house and my wife is trying to get rid (sell off) as much stuff as possible before settlement. My wife's friend's son wanted to buy a paddle boat for $100.00. My wife agreed to it. At the last second, my wife decided not to sell it but keep it for herself and our kids. The friend's son was understandably upset about it and has threatened to take her to small claims court because she had said he could have the boat. No money was exchanged. Would this stand up in a court of law or would he need some kind of signed contract?

I don't know if such a claim would stand up or not(though I would be inclined to doubt it without a contract) but regardless if she actually told him she would sell him the boat for $100 it isn't right to change her mind and go back on her word.

[Cliff Hanger]

I know that it isn't right and I told her that but what I want to know is if it would stand up in court.

[Invicta]

If she is a believer, she should keep her word.

[Cliff Hanger]

Alright, never mind evidently no one knows for sure the legal aspect of it. Again, please read my post. I'm not asking whether it was morally right or not. My question was whether a verbal agreement is legally binding. I've already told her that she should give him the boat.

[John81]

These days it seems to vary greatly as to just how binding a verbal agreement is. It used to be that a verbal agreement was considered binding in most cases but it seems to vary a lot now.

This seems like a rather petty matter for someone to consider taking the matter to court over. One would think with this being the son of your wife's friend, such wouldn't be the occuring. Hopefully this may be resolved well.

[Guest]

What state are you in?

[no name joe]

In general, if two parties make and agreement, and that agreement is supported by consideration (money or something else of value), then it is legally binding. This is so whether it is oral or written. With an oral contract, the evidence is in the testimony of the parties. It is his word vs. her word. Was an agreement ever reached, or was it a vague discussion about selling it? If an agreement was reached, a handshake made, then it is legally binding. Now, whether a judge would find that an agreement is made, it is hard to say, but if he finds there was an agreement and a "meeting of the minds," then it is legally binding. A written conract is the best evidence of a meeting of minds, but absent that, there still can be a legally binding contract.

Having said taht, I doubt someone takes you to court over a $100 contract. The filing fee for the action is probably that much. I bet he is bluffing hoping to give in.

[JerryNumbers]

I once had a 1970 Duster, it had a 340 in it, had it rebuilt, it sounded like a racing machine, and ran like a racing machine. After doing all this work on it a fellow I worked with kept after me about buying it. One day I shot off a big price that I would take for it, never in a hundred years did I think he would pay that much for this car, yet I did not realize how bad he wanted it. A few hours later he pulled into my drive-way. he counted out one hundred dollar bills in the amount I had stated.

So, What difference does it make if they can hold you or you wife to it or not. Do the right thing, sell the boat, just as I sold that man my car when I really did not want to.

And how can a Christian come on here and asked such a question?

Psalm 139
1 ¶ O LORD, thou hast searched me, and known me.
2 Thou knowest my downsitting and mine uprising, thou understandest my thought afar off.
3 Thou compassest my path and my lying down, and art acquainted with all my ways.
4 For there is not a word in my tongue, but, lo, O LORD, thou knowest it altogether.
5 Thou hast beset me behind and before, and laid thine hand upon me.
6 Such knowledge is too wonderful for me; it is high, I cannot attain unto it.
7 ¶ Whither shall I go from thy spirit? or whither shall I flee from thy presence?
8 If I ascend up into heaven, thou art there: if I make my bed in hell, behold, thou art there.
9 If I take the wings of the morning, and dwell in the uttermost parts of the sea;
10 Even there shall thy hand lead me, and thy right hand shall hold me.
11 If I say, Surely the darkness shall cover me; even the night shall be light about me.
12 Yea, the darkness hideth not from thee; but the night shineth as the day: the darkness and the light are both alike to thee.
13 For thou hast possessed my reins: thou hast covered me in my mother's womb.
14 I will praise thee; for I am fearfully and wonderfully made: marvellous are thy works; and that my soul knoweth right well.
15 My substance was not hid from thee, when I was made in secret, and curiously wrought in the lowest parts of the earth.
16 Thine eyes did see my substance, yet being unperfect; and in thy book all my members were written, which in continuance were fashioned, when as yet there was none of them.
17 ¶ How precious also are thy thoughts unto me, O

Remember, God is everywhere, He knows everything we say or do. Besides, there is nothing worse that Christians going back on their word nor Christians trying to get out of doing what is right. It kills your witness.

[Anon]

He asked a legal question, not what he should do as a Christian...technically the boat is his wife's. If she said she would sell it, and then regretted that, the other party should understand that. No money changed hands, no paperwork, its his word against hers. I highly doubt he would take her to court over it....it seems like any judge would throw it out for lack of evidence.

I mean, what if I told someone I'd sell them my old dresser. They said "okay I'll give you fifty bucks". But then my husband said "Wait, my gramma gave me that, its an old antique". I would not be bound to still sell it for $50! I would explain that things have changed and the dresser is no longer for sale.

I'm not sure why that is so hard to get....the situation changed...his wife realized the kids would like to have the boat...the boat is no longer for sale, if no money changed hands and no agreement was signed.

[Pastorj]

I am not a lawyer, but I have had experience in oral agreements. An oral agreement is legal and binding. In this case, a judge could order the sale of the boat or even what the fair market price of that boat is.

Let me give you an actual example.
My mom had a baby grand piano that she was selling. She was asking $2000 for the piano. The potential buyer came and agreed to purchase the piano for $2000. When he did not haggle, my mom got suspicious and contacted a piano store. She found out that the piano was worth $10000. At that point, no money had changed hands and nothing was in writing. Our family attorney advised my mom that if she chose not to sell him the piano, he could sue her for the $10000 (value of the piano) and would most likely win. My mom decided it wasn't worth it. She made a binding agreement and decided to keep her word and sell the piano.

I think she did the right thing.

[John81]

Sound legal answers have been given. Also, the biblical response has been provided.

What is the right thing to do in this case? Scripture says for the one who knows what is right but neglects to do so, it is sin. It should be rather clear what is right here.

[JerryNumbers]

Sound legal answers have been given. Also, the biblical response has been provided.

What is the right thing to do in this case? Scripture says for the one who knows what is right but neglects to do so, it is sin. It should be rather clear what is right here.

John, Few there be that want a proper Bible answer. Even among Christians. I knew that very well when I made my post. And I knew my post would either cause conviction, and or ......................................................................................................................................................................................



Yet, if Christians will shop around, its very easy to find so called churches, Christians, that will not say one thing to cause anyone to have any uneasy feelings nor convictions of sin against the one and only true living God. These people want the best that God offers and the best that the world offers.

[HappyChristian]

Guys, cut it out. Cliff said he knows what is the right thing about this, and that he wasn't looking for that answer. He asked a question about the legality of things. To act like you need to lecture him on the biblical rights and wrongs of it, when he's specifically said he knows, is just wrong. He's gotten a couple of good legal answers, so I'm locking this thread before it gets out of hand.