Legal Question in Real Estate Law 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, 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. He had made plans to pay remaining balance and pick car up Fri, Sat 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 meet 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?
1 Answer from Attorneys
First, a technical point. Cars aren't "real estate and real property;" they are personal property, which is a different legal category of property. Maybe you'll get more, and better, answers if you re-post under a more appropriate LawGuru category. Having said that, I'll try to give you an answer.
I think this question can be approached using the branch of law concerning agency, and specifically, the power of an agent to bind his principal. Here, you are the agent and your mother is the principal, she having given you permission to list the car and arrange a sale.
Based on the given facts, I'd say there's a valid and enforceable contract, based upon your being an ostensible agent, having (at least) the apparent power to bind your mother to a sale of the car. Unless there were something in the agreement requiring a closing on Friday or Saturday, which there doesn't seem to be, I think you and your mom are in contract. Of course, I can't predict whether the buyer would sue to enforce the contract or to obtain damages for its breach, nor how much (if any) a court (small claims?) would award.
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