Private Verbal Agreement to Buy Car - Legal Status?

[betty64]

Hi,

My situation is that I did a verbal agreement with a person I know to buy their car. We shook hands on a price of 3000 dollars and as money was tight we agreed I would pay for the car weekly. The car was given to me and since then I have paid over 1000 dollars towards the car.

The rego is out on the car on 29th June and subsequently the person has refused to rego the car, or transfer the car to my name, as the car is not paid in full... this will leave me without a car and yet I am paying weekly payments to the individual for the car...not only that but the same person got access to the keys and has since taken back the car without my knowledge and we are now in the position that there is no car, yet I have made all these payments to her bank account.

As there is nothing in writing and only a verbal arrangement... Do I have any legal avenue with this.. or is it a lesson to ensure everything is in writing...

I appreciate any guidance on this.

 

[Owens Lawyers]

A verbal agreement can be enforceable so long as you can prove the terms and conditions of the agreement. For example, you would be a witness to what was agreed, but also anyone else who was present when you made the agreement.

You could also use the payments as evidence of the agreement, particularly if there were any direct deposits or transfers. Also, any other correspondence (emails, texts, social media exchanges) could all be used as evidence of an agreement.