To me that is enough proof. See what a solicitor says.

hmmm, here's some real world legal advice from someone who has actually been through the courts to try and recover costs for damages.

if you are going to pursue this legally, it is a matter for small claims tribunal (<$7500), and no legal representation is allowed for either party. Taking Frodaddy's advice of paying to see a solicitor will do you little if any good.

As the aleged contract and goods were in QLD, it would have to be heard in QLD's legal system, which will cost your mate more airfares and time of work.

And this is assuming you can even claim indirect costs such as these you are complaining about through the small claims tribunal. I very much doubt it.

I think the best you can expect to hear from any legal proceeding is that your mate was foolhardy to enter into all those expenses making arrangements for the transport of the car without first securing the vehicle with a holding deposit. My advice is to put it down to experience and get over it, and don't make the same mistakes again. You can argue till you're blue in the face that you had a "verbal contract" with him, but if you didn't pay him a holding deposit, which is the normal practice in these matters, you're really going to have trouble convincing anyone that you did have a deal finalised.

A few of you guys need to " Step into the real world ".

Frodaddy if you are thinking about imaginary animals, you definately have a lot to study in uni still.
My point is - Bul33t's mate has no meaningful evidence. I can create a story and have as much evidence. ( Replace in all my posts - the imaginary animal with " Datsun 1200 ")
Plane tickets, phone bills, Transport recipts, the guys address, all mean nothing. What in any of those things means 4susn agreed to sell a car? Nothing. I can pick any for sale ad out of a paper and come up with all of those.
Saying there was an agreed time, place and price means jack. How can it be argued that it is factual or not? It cant. I could make up any time,place and price and 4susn wouldnt need to know.

How can you argue something when you have no actual evidence to prove anything.

I give up and no longer care.
If someone tried to take a case like this to court. In my eyes you are as bad as a guy who pretends he got hit by a car, so he can get the pension.
But thats this world nowadays I guess.

If I am on a boat and never checked to see where it was going. You guys must be on another boat, trying to prove you should be on there, even though you have no ticket in your hand.

Ultimately, go see a solicitor and then go to court. I am keen to see the outcome.

I personally am into personal debt collect type way, if this happened to me I'd go see the guy and see what he says and if he didn't pay up for my incurred costs I roll him. Plain and simple.

I know people are gonna go blah blah you can't do that you'll end up in more trouble blah blah, but in the REAL world, after you've flogged someone up and induced fear they keep their mouth shut.

It's always last resort as people who F you over need to be taught a lesson.

But in your mates case I think I'm with harry on his thinking, to me there is absolutly NO possible way a verbal aggreement can be a legal binding contract unless you have recorded it.


He has alot of evedence but think of it in this senario, he rings him and says I want your ute and he says nah I'm in negotiations with another bloke, but then your mate really wants this ute and keeps ringing him (every night) asking him if he could buy it.
Then lets say your mate gets to obcessive and organises a trip up and the payment and car moving company, to try and entice the seller into selling it to him. but then the seller finally says NO I've sold it.

By rights he could produce exactly the same evidence as what your friend has now but the whole way through teh seller was saying no.

It's the same as cops if they catch you speeding and then you say to them geez I'm glad you caught me now and not 1km back, then the cop says why's that, and you reply because I was cracking 200km/h. the cop can't do #### as he has no proof that you did even do that or even said that.

But I hope your friend gets a little compensation out of it

Cheers

Damo

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Off Topic.

I used to fitout police cars for Car Tech Services. I mainly done Highway Patrol fitouts ICV ( In Car Video ) And while the camera's record all. A mic on the Patrolman's belt relays all sound to a hard drive in the boot of the patrol car.
Not that saying what speed you had done could bring you any grief.

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I see your guys point of in the real world, but an oral agreement does not have to be recorded. It is hardly rebutted that there was not an agreement but instead that 45USN was not intending to be bound. This is why this evidence would probably be reasonably compelling.

Also, the car is worth more than $7500 (From what I have heard) and legal counsel is available. Plus one can always get legal advice before their respective hearing at the tribunal anyway.

The matter may not be heard in QLD. It is where the contract was made ( where acceptance occurred). This could be in NSW if there was negotiating and BUL33T's mate accepted an offer/counter-offer etc.

I could argue until the cows come home with you guys but until you have studied law you honestly cannot fully understand.Quote:

What have the cops got to do with contract? It is completely different!

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what's the value of the car got to do with anything? are you saying he should sue for the value of the car he didn't purchase? You're off the planet! The only monies that could possibly be in dispute are the costs of the flights and car transportation, and even those are a stretch.

Good luck to him but i don't think he has a leg to stand on.

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Not necessarily...

Even if the contract was proven, what could the courts do? The car is already sold, are they going to make the seller build an identical car and sell it?

Personally I never go into any agreement with anyone about a car. The car changes hands at the same time as the cheque. THATS common sense!

If I told someone that I would hold the car until a certain date I would do it, but thats because I'm a nice guy, not because I'm legally binded to do so.