Legal Question in Civil Litigation in South Carolina

Verbal contract question

Party A agrees to sell a car to Party B. B promises to pay A $75 every two weeks until the $400 is paid off. Until then Party A keeps the title and maintains the insurance. Party B pays only $60 for the first payment and says the rest will be paid later. Before the next payment is due B is in a wreck and the car is totaled (not A or B's fault). The insurance company of the driver at fault pays Party A $1800 for the damages (NADA book value). Party A deposits the check. Party B claims the $1800 belongs to them as they were buying the car. Party A claims there was only a verbal contract and that B broke that when the first full payment was not made.

Who is correct, A or B? (A is B's soon-to-be ex-father-in-law).


Asked on 5/12/09, 8:13 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Verbal contract question

Party B is only out $60 dollars and never owned the car. If I was a judge I would rule that Party B is only due $60 dollars. That's just a guess. But I've been a lawyer for 15 years and in my professional opinion, that is what Party B would get if he went to court. Get a second opinion.

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Answered on 5/12/09, 9:09 pm


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