Legal Question in Credit and Debt Law in Virginia
verbal agreement
i made an verbal agreement to purchase a car from associates for $1000-$600 was to be paid upon receipt of the car and remaining bal of $400 when i get a job(at that time title would be transferred.after 1month and half i called(we conversated often prior)to make arrangements to pick up balance and bring title-2 days later my car was gone.Seller claim did not take and stated will file police report.I later learn that seller did come and get my car and has now pawn it. what can i do? even tho i have nothing in writing but do have a witness who saw me give the $600 and i have a witness who saw seller w/car the day it was suppose to been stolen. Please respond ASAP
2 Answers from Attorneys
Re: verbal agreement
About your only remedy is to file suit in small claims court and be prepared to offer evidence on the day of trial(testimony or affidavits from the two witnesses) sufficient to convince a judge of your claims.
Re: verbal agreement
There's no such thing as an oral or verbal agreement to buy any physical object for more than five hundred dollars. Such agreements must be in writing. That's called the "statute of frauds".
The dude got your six hundred bucks, though, right? by promising to sell you a car that he came and took away. That's called larceny by trick and is a crime. Since it was for more than $200 it's a felony. Call the police.
Btw, if the police say something like, "it's a civil matter" or "there's no such thing as larceny by trick" that's code for "I don't have sufficient legal training to understand how your facts involve a criminal offense." Ask to speak to a lieutenant, or go directly to the magistrate yourself. Larceny by trick is a common law offense, which is not in the Code of Virginia, but which is part of the law of Virginia. It is made a felony by Va. Code section 18.2-95, which refers to "any person who commits larceny", thereby encompassing all forms of common law larceny.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
