Contract Law - Sale of Vehicle - Must Check Clear For Sale to Close

[mot32]

I would like some legal info on a suituation.  My brother-in-law brought his 2 atv's to my house to sell.  I live on a major highway.  We purchased one of them for my kids for Christmas for $1000.  The other sat here for since October.  Last week I had an offer of $2500 on it. So I called him and he said that he would not take that for it but asked me to get as close to $3000 as I could.  So I called the potential buyer back and told them what he said and they said they would give $2900 for the atv.  I said ok and then called him.  I told him I sold the atv for $2900 and he said ok.  The next day the buyer came to pick up the atv and wrote a check for the item.  I called him again and told him that I had the check and that the buyer took the atv he again said ok.  The next day we all went to a state seim finals girls basketball game so at that time I gave him the check and asked him to sign the title.  He then said I would like to wait to sign the title until the check clears.  I said I'm sure the check is good being that I know the people very well and trust them completely but that was ok.  It was up to him.  So we decided to wait.  Ok then the next day he calls me and says that he thought about it and now has decided that he can not sell the atv for that price.  He needs more money out of it.  My question is after the check and merchandise has been exchanged can he then decide to change the price?

[White Shark]

1. This is not legal advice.
2. Consult a lawyer in your State
3. What you describe is a classic mess because you tried to be helpful but did not get all terms of your agreement with your brother-in-law in writing up front.
4. Yes, oral agreements, in some situations, are enforceable.
5. It is possible, but I have no idea in your case, that since payment was made by check and it was not cashed the contract was not close (consumated) - there was no final "exchange of considerations."
6. Transfering possession of the vehicle without the title was a big mistake.
7. If the person with the vehicle causes harm to someone else your brother-in-law as owner may be liable (again, not legal advice).
8. I'd get the title signed or the vehicle back to your brother-in-law ASAP.

HTH