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Jeff visited a car dealership and test-drove a used car. After discussing the price with Jake, a salesman at the dealership, and learning that he could buy the car for $500 less than the sticker price, Jeff asked Jake to hold the car for him until 8:00 PM that evening so he could bring his wife back to the dealership to see the car. Jake agreed, writing out a note promising not to sell the car until 8:00 PM. The note was written on dealership letterhead, but Jake did not sign his name. The dealership broke that promise and sold the car to Bill before 8:00 PM. Was the dealership free to sell the car? Can Jeff sue Bill and recover the car? Does Bill have a claim against the dealership?

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jepessoa

Answer:

Since this whole sales agreement is about a car, then it falls under the statute of frauds. Any sales contract or offer for any amount of $500 or more needs to be signed. We are not told the final price of the car, but if we consider that only the discount was $500, then we can assume that the price of the car was higher than that. Since the note was not signed, then the promise is not valid.

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