Is a Facebook message legally binding for and auto sale if you agree on a price?

Question

We had listed my car on facebook and decided not to sell it. I had already agreed to sell to someone through a message and agreed on a price but over the weekend changed our minds and promptly messaged them back to let them know we had changed our minds Now they are harassing us through facebook messages telling us we have to sell it to them or they will take legal action! Can they do anything since no deposit was made and nothing was notarized??

Answer 1

Just agreeing on a price isn't agreeing on a sale. The exact words can matter. (Contrary to popular misconception, "contracts" do not need to be in writing. It's the negotiated agreement that matters -- the writing simply helps accurately reflect the agreement and prevent misunderstanding.)



Contracts for items over a certain value *do* need to be in writing, and a car likely qualifies. What occurred on Facebook may or may not count as an agreement to sell the car, and may or may not be sufficient writing to show the agreement.



They're unlikely to be able to force you to sell the car to them. They can try to get things like damages they've suffered because you didn't sell it, like if they let another car get away because they thought they had yours.



In the future, you really probably shouldn't "list" your car on Facebook regardless.

Answer 2

Tell them to sue you, and no longer speak to them. It's a bluff. Civil court cannot force you to sell the car to them, and they have no damages. Agreeing to sell a car over Facebook is not legally binding. You did not take a dime from them and they didn't take delivery on the car.

Answer 3

I would think no, because you did not sign it and was not any type of contract. Based on Terms & Conditions that every website makes you agree to, even on the internet you are still okay. They can obviously prove that you told them you would sell it but it was a "gentleman's agreement" and not a signed contract. I was told in person that this guy would sell me his car after fixed the AC. He sold it to someone else who didn't want the AC fixed for the same price. If they call you on it, just say you decided to tell it to a family member, no one will argue that (people will argue with you if you say you sold it to someone else for more). Just block them on Facebook and your problem is dealt with. If they take legal action they will pay for a visit with a lawyer who will tell them they are nuts (if they are a good lawyer), but if the lawyer just wants the money the lawyer with BS them into thinking they need to pursue legal action (this happens all the time). You might want to think about getting a lawyer in that last case, but I believe one will be appointed to you if you don't want to spend all that money. But overall, individuals and businesses reserve the right to refuse service to anyone so that would be argument if you want to argue with the person over Facebook. I would just block them though, they won't even know you blocked them, it'll just look like you're ignoring them and they might calm down and forget about it all.

Answer 4

LOL! They're not entitled to the car until a contract is signed. Whoever is threatening that they can take legal action against you because agreed over facebook, is CLEARLY not a lawyer.



Now don't get me wrong, it's bad form to agree to a price and then pull out after, but it's not illegal. Now if you had signed the contract, accepted the cash, that would be a different story.



But just because I agree to a price in exchange for a car with you, it's not legally binding until the transaction is complete.



Tell whoever it is threatening you, to go get bent. They don't know shti about the law because if they did, they'd know they don't have any legal standing to sue you.



Now the exception may be if there's a law in your particular state that actually does entitle enforcement but I've never heard of such a law, and it certainly doesn't apply here where I live. This is funny tho

Answer 5

No. It can't be proven that you were the one doing the messaging. Either way. It can be taken into consideration, but you have the right to back out of the deal as long as no money exchanged hands, or contracts signed.

Answer 6

" Now they are harassing us through facebook messages telling us we have to sell it to them or they will take legal action! "



They have no case because they have no losses. They didn't give you any money. They can't force you to sell them a car because you said you would on Facebook. and they can't recover any damages because they have none.

Answer 7

No money changed hands and no contract was signed, so you're fine.

Answer 8

no