Legal Question in Consumer Law in South Carolina
Verbal Agreement
I was wondering how well a verbal agreement will hold up in court and if it would be enough to atleast start a case against a car dealership. They told me that they would payoff my leased truck and actually took my truck from me and turned it in to the leasing company but never paid. The salesman and financial advisor both told me that I would not recieve any more charges for my truck and that it would be payed off and also told me not to send any money to the leasing company. I financed more money for the car to payoff the lease but the signed contract did not show the original price but the salesman showed me the price of the car and showed me the new price which included the extra amount. Now the leasing company says I owe payments that should had been taken care of. I also have a check showing that they payed for part of the charges but not all.
1 Answer from Attorneys
Re: Verbal Agreement
Sometimes a verbal agreement is better than a written agreement, although, proof is usually the problem. In South Carolina, we have the Regulation of Motor Vehicle Dealer Act which outlaws unfair or unconscionable conduct by a motor vehicle dealer. I provides for double actual damages, triple punitive damages and attorney fees. We also have the South Carolina Unfair Trade Practices Act which basically outlaws unfair trade practices. Your fact situation would fall under these two statutes. I would suggest you get an attorney and file suit against the dealership. This seems be a classic case of dealer fraud.