Legal Question in Civil Litigation in California
I listed a classic car for sale on Craigslist on my mothers behalf on Weds night. Thurs. morning a man viewed car, I informed him it was my mothers car and she was going to sign paperwork before going out of town for possible sale of car this weekend, He then said he was interested and left 1k deposit. I wrote on a scrap paper acknowledging that I received a deposit and signed my name. Later that day he emailed me thanking me for meeting/ selling the car to him and he would arrange to finalize sale on Sat. The changing it to Fri and then has since changed the day to Mon or Tues. This being Sat now, my mother has changed her mind about selling car and feels as if she is selling herself short of what she could get and would rather hold on to car longer. I understand a email exchange is considered a contract, but my question is, if he never interacted or met w/ my mother, the title owner and I did not legally go through steps to obtain the proper documents to sell on her behalf. Can he Persue through court for sale still?
2 Answers from Attorneys
Anybody can sue anybody for anything.
Winning is a different issue.
Next time handle things properly with a detailed written contract, not scribbles on a scrap of paper.
Depending upon what was on that paper, he may or may not be able to win. However, if she sells the car to someone else, all he can sue for is his deposit, and you would be well advised to return that to him immediately with a letter saying the owner never agreed to the sale, and the deal is dead, sorry for your inconvenience.
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