Is a verbal voice mail message proof of a binding agreement?
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Is a verbal voice mail message proof of a binding agreement?
I made a deal to buy a camper with a lady and was supposed to meet her to pay for it today. The camper is at a dealership she had left me a message stating that she had called the service manager and okayed him to release it to us today. She later called and left us a voicemail that said someone called and offered her more money and she was calling off our agreement because the other person offered her $1500 more than she advertised it for. In the mean time I bought a hitch for $400 for the camper.
Asked on August 12, 2011 Connecticut
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Technically the admission that the seller made on your answering machine that she had an oral agreement to sell you the camper, but decided to sell it to some one else for $1,500.00 more than originally advetised is evidence of your agreement to buy it assuming you still have the message on your answering machine and did not erase it.
I do not know what the purchase price was for the trailer. In many states there is this rule of law called the "statute of frauds". This rule of law requires a writing signed by the person to be charged with the obligation at issue. For example, real property sales typically have to be in writing. Sale of items exceeding a certain dollar amount, for example, $500.00 may have to be in writing.
Potentially the oral agreement to purchase the trailer may have been at a price requiring a written agreement signed by the seller to be binding under the "statute of frauds".
Good luck.
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