Legal Question in Civil Litigation in Maryland

Suing in Small Claims Court for Breach of Contract for Car Sale

There was a verbal agreement for purchase of a car from me in installments. The person already had possession of the car in Maryland. Agreement was summarized in a written letter, which I signed but he did not sign. He did, however, receive the written agreement via fax. He failed to maintain the agreement for payment for the car. When I asked for the car back, he refused to return the car unless I returned the money he did give me. I had the car repossessed. The car was returned trashed, wrecked, and not maintained, as specified in the verbal and written agreement. Filed a small claims suit for detinue plus damages to the car. He is contesting on grounds that ''an illegal contract was entered on my behalf''. Is this defense valid, and what must I provide to prove his breach and subsequent liability?


Asked on 8/11/01, 12:16 am

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Suing in Small Claims Court for Breach of Contract for Car Sale

Why would the contract be illegal? Perhaps a purchase and sale of real estate, which requires a writing would be illegal as being in violation of the "statute of frauds." However, except for the state licensing provisions and state title provisions, why is this contract "illegal" for the purchase and sale of personal property -- a car? It is always good to reduce the purchase and sale of personal property to a Bill of Sale, showing the transfer. But, my recollection of state law (ga) is that it is not absolutely required. It sounds like your "friend" simply wants to get out of his responsiblities and that he is a very irresponsible person. Object to his defense and proceed in front of the Judge. You will probably win. (However, you may have some serious subject matter jurisdiction issues, since it appears he and the car are or were in Maryland and you are in Georgia.) HCW

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Answered on 8/13/01, 11:59 am


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