Contracts, Warranties, Buying Tips

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Question: My mom put her RV on consignment in Yuma. She passed away so now I have the RV. I recently accepted an offer last July 16th. The RV place held the money while I got a Washington title. I sent them a copy of title on Aug. 17 and told them I needed the money first, then I will sign over title. They received my letter on Aug. 21,called me that day and cancelled the deal and gave the money back. There is more to this situation. Is this legal? Did they have the right to cancel this deal without letting me know? They refused to give me the money until the title was complete.

Answer: A contract consists of voluntary promises between competent parties to do, or not to do, something, which the law will enforce. These are binding promises, which may be oral or written. Depending on the situation, a contract could obligate someone even if he or she wants to call the deal off before receiving anything from the other side. The details of the contract who, how, what, how much, how many, when, etc. are called its provisions or terms. In order for a promise to qualify as a contract, it has to be supported by the exchange of something of value between the participants or parties. This something is called consideration. Consideration is most often money, but can be some other bargained-for benefit or detriment (as explained more fully below). The final qualification for a contract is that the subject of the promise (including the consideration) may not be illegal. For further information please review: http://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/family/chapter_9.authcheckdam.pdf This information is not intended to be legal advice, but only legal information. Please consult with an attorney if you need legal assistance.

QUESTIONS

  • My mom put her RV on consignment in Yuma. She passed away so now I have the RV. I recently accepted an offer last July 16th. The RV place held the money while I got a Washington title. I sent them a copy of title on Aug. 17 and told them I needed the money first, then I will sign over title. They received my letter on Aug. 21,called me that day and cancelled the deal and gave the money back. There is more to this situation. Is this legal? Did they have the right to cancel this deal without letting me know? They refused to give me the money until the title was complete.

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