Legal Question in Consumer Law in Washington

car sale question

my husband advertised a car on craigslist. a man came and llooked at the car, then later emailed my husband with an offer. my husband said that yes, he would sell (all over email) but did not consult me. I asked him not to sell the car and he notified the potential buyer that the car was no longer for sale. Does this man now have an ability to come after us and take the car? my husband is afraid that even though no money exchanged hands, since the deal was made over email it could be precieved as a written contract. Is this true?


Asked on 3/02/07, 1:11 am

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: car sale question

I think what you are trying to ask is whether a email correspondence trail can function as a written contract, and of course it depends.

A contract requires an offer and an acceptance, and consideration. You may have had the offer, and a brief and revoked acceptance, but where is the consideration? Not there.

Washington is a community property state, so theoretically your husband *could* agree to accept the buyer's offer without your assent, but according to your facts, your husband revoked his consent, and you never gave your consent.

You have a record of the email revoking the agreement, correct?

Having revoked his assent, there is no contract.

As there is no contract,(and no consideration) the buyer has no recourse. I suppose he could argue that there was for one brief moment an assent and thus a contract, but how in the world would he prove it?

Did you take money? According to your facts, it never got that far.

Has the buyer been damaged? Not according to this scenario.

He's not going to purchase this car. Okay. He has no right to take it from you. He has paid no money, and he doesn't have the title. You could report it stolen.

This is the sort of situation that shouldn't require a lawyer on retainer, but if you are nervous, be sure to call somebody local and ask for a consult.

Your local county Bar association can help you find somebody who can review the emails and advise you accordingly.

Hope this helps. Powell

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Answered on 3/02/07, 1:22 am


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