Can I enforce a verbal agreement If seller backs out?

I have an oral agreement to buy a Harley for $19,200. The night before I was too pay and pick up the bike the seller changed his mind. I have texts from him and my wife was witness to the agreement. Can I take him to court to force sell?

Greensboro, NC -

Attorney Answers (3)

Maria Teresa Singleton

Maria Teresa Singleton

Contracts / Agreements Lawyer - Durham, NC
Answered

Generally, for an item of that amount, no. But, depending upon the specific facts and what the texts say, maybe. I would advise you consult an attorney for an in-depth discussion about your specific facts to determine whether you have any available legal recourse. Best wishes.

Sponsored Listing
Kenneth Love Jr.

Kenneth Love Jr.

Litigation Lawyer - Greensboro, NC
Answered

Maybe...but probably not. In NC verbal contracts are enforceable except for those enumerated under the "Statute of Frauds." This series of laws requires certain contracts to be in writing. One of those contracts is the sale of good for more than $5,000.00.

Here your "good" the motorcycle is worth far more than the $5,000.00. You can't sue in Small Claims as this would not be heard there, you would have to go to District or Superior Court and most likely need to hire an attorney to do so. You may have enough in your tests to prove a contract, but without seeing them, I cannot evaluate if you have enough to show a contract. You should see an attorney before even considering suing.

Ruth Elaine McMahon

Ruth Elaine McMahon

Business Attorney - Bradenton, FL
Answered

No. Verbal agreements cannot be enforced.

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.