Legal Question in Consumer Law in Texas

verbal contracts

I am purchasing a pickup from a friend. The agreement was 500.00 a month for 1 year. I have not missed a payment and now he is wanting to take it back. Is this leagal.


Asked on 6/01/07, 11:39 am

3 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: verbal contracts

oral contracts performable within a year are enforceable. Hope you can prove the payments.

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Answered on 6/01/07, 11:56 am
Ross Marlin The Marlin Law Firm

Re: verbal contracts

Legal? Yes and No. . .

A contract for OVER 1 year must be written. Otherwise, it is unenforceable.

HOWEVER, even if your verbal contract is enforceable (less than 1 yr.), you have not breached it b/c you have made all the payments.

HOWEVER, he could easily say the contract was only a month-to-month contract. Without an actualy written agreement, you have little evidence to refute this.

Regards,

Ross Marlin

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Please remember that this answer is provided in the spirit of public education, not as legal advice. If you require legal advice for a particular situation, you should consult an attorney

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Answered on 6/01/07, 12:14 pm
Johm Smith tom's

Re: verbal contracts

Go to small claims or get an attorney; an attorney might be able to persuade your friend to change their position.

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Answered on 6/01/07, 6:20 pm


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