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[LynxFX]

Originally Posted by Cory108

Under consumer law, we entered into a binding contract that he breached. Legally I am entitled to damages.

Legally you are entitled to jack squat. You entered no binding contract of any kind. Sorry but this whole thing is a joke.

If anything you would be the one getting sued if you tried to persue this matter further. I could easily see a case of "I'm being harrassed by this guy" type lawsuit.

[blindcat87]

This is why I have always been for changes in our civil court system to place the burden of legal and court costs on the losing party in a lawsuit. Australia and several other countries follow this model and it leads to a serious decline in the number of frivolous and off the cuff lawsuits. Luckily, our system allows for judges to consider past lawsuits and classify a person as a malicious or nuisance litigant. When this happens, the party so named can no longer directly file any further suits. If they wish to file a suit, their case must be reviewed by a panel of judges to determine if it has merit or if it is more nuisance litigation.

Chris

Originally Posted by LynxFX

Legally you are entitled to jack squat. You entered no binding contract of any kind. Sorry but this whole thing is a joke.

If anything you would be the one getting sued if you tried to persue this matter further. I could easily see a case of "I'm being harrassed by this guy" type lawsuit.

[Sylin]

No, you do not have a legally-binding contract, unless you can prove, in WRITING, that you had an agreement and it was signed by both people (either physically or digitally). In most states, a contract MUST be in writing to be binding.

So-called "verbal" contracts do not hold up in court, ever. He would have to verbally admit to the agreement, which he probably wouldn't do officially. So all you really have is a statement of intent, not a contract.

Here's what I would do: contact him and calmly explain that while you understand he got a higher offer, he accepted yours first, and backing out isn't right. If you have his agreement in writing (e-mail is fine), then remind him, calmly, that you have his word in writing and you'd like him to live up to his word. Then tell him you're a nice guy so you'll up the offer by $15 (meet him in the middle on his higher offer) and you should both walk away happy.

Then if he still refuses, send a complaint to Craigslist and they'll probably ban his IP. But suing in small claims court is a waste of time. You do NOT have a contract.

[bageleaterkkjji]