Is a verbal voice mail message proof of a binding agreement?

UPDATED: Aug 12, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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