BIC_BAWS | 10-18-2017 09:17 PM | Quote:
Originally Posted by Limitless
(Post 8867280)
I've heard that contracts aren't legally binding unless it's written by a lawyer with some other requirements behind it. If I'm wrong feel free to correct me though. | Welcome back to RS, Limitless! Haven't seen you on here in awhile. Sorry, didn't get the notification but it looks like RS got you. Quote:
Originally Posted by Adorkami
(Post 8867309)
Doesn't matter who writes it, as long as it is something legal(contract to sell crack isn't valid), there is a meeting of the minds(person understand what is going on i.e not suffering from dementia/age restrictions), and it is not signed under duress(threatened in to signing). At least that's why I remember from contract law in Law 11. | Quote:
Originally Posted by Lamboda
(Post 8867366)
Contracts are legally binding when it consists of an offer and acceptance of a legal good or conduct generally speaking. Doesn't have to be written by a lawyer, Craigslist or everyday transactions are legally binding as well. Special exceptions to mentally incapable individuals, kids, youth, elderly, insane, intoxicated people.
In this case, there was an offer to sell the car (ad), they negotiated, with Prostrho giving her an offer and she accepted. That is binding right there. When the lady said that Prostrho can't take the car blah blah blah... after the acceptance, she can't legally do that.
However, say Prostrho tells her I'll offer you $5k for the car and she says, I accept your offer on the condition of me buying a new car in two weeks. Prostrho agrees. That's a binding contract as well.
This example is a the lady rejecting Prostrho's offer and counter-offering with her own and if he accepts then it's a contract as well.
TLDR; Offer and acceptance = contract. | Adorkami and Lamboda both wrote very well versed explanations. I'd add that even if a party says they were joking/not serious, as long as there was shown intent to fulfill the promise, it's validates the contract.
In hindsight, Underscore and Limitless are right. Even though it is legally binding, its probably not worth the legal effort to go after $500 - a deposit. Even if the court orders the defendant to pay, they could just avoid paying it, then pay a little bit, and not pay again.
I wrote a contract with all the components that were addressed above, when I bought my first car on Craigslist, earlier this summer. Aside from deposits on CL being a bad idea, the contract can also show the seller that you are a serious buyer.
RS has always been a great resource for me, so here's the contract that I used, for whoever needs/wants it. As said before, don't assume it's a godly item. Do your due diligence on the car, and limit yourself to risk, I am not accepting liability for if shit goes down and you used this document.
Car Deposit Template: https://docs.google.com/document/d/1...it?usp=sharing |