Legal Question in Consumer Law in California
car broker misunderstanding
I had a phone conversation with a car
broker in another state about a car I
was interested in buying (the broker
was recommended by a friend). I told
him the make, year and price range I
was looking for. No contract, verbal or
written was made. I filled out no
paperwork. He doesn't even know my
address. He said he'd look.
Several days later (with no
subsequent e-mails or phone
conversations) he sent me an e-mail
with pictures of the car I ''bought''
through him. I never authorized him
to buy anything. At best, there was
obviously a very big misunderstanding
on his part. He's insisting I bought it.
Am I in any way obligated to giving
him any money (including, say, a
cancellation fee.?)
Thank you.
3 Answers from Attorneys
Re: car broker misunderstanding
Do you know how to write a letter?
Write a letter to the guy and say that you haven't agreed to buy anything and you are under no obligation to him. Then sign it, keep a copy, and send it certified mail return receipt requested. If you do not know how to write a letter, I would be pleased to write it for you on my letterhead for a very reasonable fee.
Re: car broker misunderstanding
If your representations to him were the equivalent of, "hey, I'm looking for this type of car in this price range, see what you can find," you owe him nothing.
Re: car broker misunderstanding
To have a contract, there is a requirement for a "meeting of the minds." It doesnt sound like you have that. Send him a letter telling him that there was no contract, but you were just looking. Beware that he may sue you, even in the other state and you may have to pay to defend yourself!
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