Legal Question in Credit and Debt Law in Florida

Verbal Contract to purchase an ATV

I worked for a woman cleaning her house. She wanted to buy an ATV for her daughter and my husband had one to sell. She wanted to try it out first and then said she would buy it and has been making payments on it for almost a year. She agreed to make the payments and then said after new year's she would pay it off in full. I quit working for her and she got angry with me because I quit (and there is more to that story as well, legally) but she decided that to hurt me, she would make us take the ATV back and she would not make any more payments. Can I sue her for breaking this contract, and what do I need to do so?


Asked on 3/27/06, 11:47 am

1 Answer from Attorneys
Samira Ghazal Ghazal & Gomez, P. A.

Re: Verbal Contract to purchase an ATV

Based on your statements, there appears to be an argument that you did have a verbal contract. If you decide to go to court, the judge will likely ask if you tried to mitigate [or minimize] your damages? That means you need to try to re-sell the ATV and see how much, if anything, you have lost as a result of the "breach".

In these cases, I tell my clients that going to court is not an automatic win. There are many factors to consider -- days lost from work, finding and proving your case, and the emotional stress caused by it all -- including dealing with your former boss and all that baggage...

I leave you with this to think about -- Sometimes when you win, you really lost. Sometimew when you loose, you actually won.

Is this really worth the fight? Only you know the answer to that.

Samira Ghazal

For the Firm

www.FLORIDACREDITLAWYER.com

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Answered on 3/27/06, 7:13 pm


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