I was looking for an Audi S4 on autotrader and I emailed a dealer with an offer and he accepted it giving me the phone number to call him at. I called about an hour after he emailed me and I was told that it had just been sold for a higher price. Isn't he legally obliged somehow to sell me the car or am I just screwed.

 

You are screwed.

BTW you sue anyone anytime you want. Whether it will hold up in court is the question.

 

i dont think an email and phone number means commitment on his behalf to sell you the car. just keep on looking, you'll find another.

 

the good 'ole US of A.....SUE, SUE, SUE, SUE!!!! anyone, anywhere, anyhow

 

This is OT.

 

So move it

 

its his car, he can sell it to anyone he wants. SOrry - sueing aint gonna help much

 

Your the master at stating the obvious and the grandmaster at repeating information.

 

 

they're all wrong. if you made him an offer and he accepted the offer that is a legal contract. (learned all about this in Business Law freshman year). if you made him an offer and he simply told you to call him that doesnt mean anything. but if he said in some way shape or form that you two have a deal then he is bound by contract. whether done in person, mail, email, phone, voicemail, fax....it doesnt matter. if he accepted your offer then he has a legal obligation to sell you the car.

you should pursue this.

 

Johnny Cochran here we come.

 

I realize that your angry now, but the money you save by not pursuing this can get you a nicer s4 or one of those lil chips that raise their boost. Oh how I want a car where I can replace a chip and get over 50 hp to the wheels.

 

well since we're talking Business Law now...you forgot about the statute of frauds....since this purchase is obviously going to be over $500 he needs something with a signature...which he doesn't have

You're screwed


btw...this part of the statute of frauds states that any contract for the sale of goods above $500 requires the signature of the defendant in order to be enforceable in court...

If you have an email of him accepting the offer...that may hold up...dont quote me on that though.."digital signature?"

I agree with maxist...you would be wasting your time and money pursuing this

 

if i signature is necessary how do any internet transactions hold up?

 

how does blockbuster secure itself from people who might not return their videos/dvds?

credit card companies


yes there was consideration, yes there was an offer and it was accepted....but think about it...he doesnt have ANYTHING but his word and maybe a couple of emails....if he somehow won this case...why dont i just go fake 1 or 2 emails and sue Motorex for a R34 Skyline GTR

 

is that in response to what i said? what does that have to do with it?

 

Credit Card companies secure the majority of the internet....websites like PayPal and eBay ask for your credit card for reasons other than payment

Any contract for the sale of goods UNDER $500 do not require a signature...and you can go after the person without a signature in that case

 

but what about the For Sale section of this forum for example. people make deals that i'm sure would be legal contracts in court but no one ever gets a signature.

answering ads in the paper...there's no signature involved.

i think there is more to it.

 

I hait people who sue people for no reason

 

I aced this course man...

How many times have people bought something off of the .org's for sale section without talking it over privately in email??(or on the phone) (discussing on the price, etc.) I know because Im selling 2 items right now

When you talk it over thats consideration...when you agree thats acceptance....and when you accept thats a legally binding contract....without consideration there can be no acceptance...hence no contract

This instance is TOTALLY different from that because it is an item that is above $500 in value

If that didnt answer it...im not sure what the question is

 

I AM NOT AN ATTORNEY. I AM NOT AN ATTORNEY. I AM NOT AN ATTORNEY.

Since the UCC Statute of Frauds only applies to items over $500 and to 'dealers of the kind of goods' so it probably does not apply to most of the people buying or selling goods on the .org anyway.
As far as the signature issue is concerned, I think if you could validate the authenticity or source of the email it would be sufficient.
If you can show there was some form of detrimental reliance of the offer maybe you have a case depending on the timing of the acceptance and rejection but overall I don't think it is worth pursuing...

I AM NOT AN ATTORNEY. I AM NOT AN ATTORNEY. I AM NOT AN ATTORNEY.