Civil/Commercial Litigation (Lawsuits)/Car and Bike Agreement

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Question
Hi Morgan,
I made an agreement with an acquaintance of mine which involved me swapping my motorcycle with a car that he was repairing and some cash. He has paid my 2/3 of the agreed cash amount and the registration for the motorcycle however the car is taking a lot longer than anticipated to be repaired. I have written down all details of what has taken place and the agreement but am now considering returning the money he has given me plus the money for the bike rego and leaving it at that. Am I under any legal obligation to follow through with the agreement, I have no problem returning the money he has given me already.
Regards

Answer
Hello Col,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

Generally, I would take the position that a party is legally obliged to comply with the terms of the agreements that they make.  In reading your message, I am not detecting the use of a written agreement, so you have created the problem for yourself and your acquaintance of making it rather difficult to establish precisely what those terms are.  As a friendly suggestion, next time you do anything with money or legal stuff, put it in writing.

For now, talk to your acquaintance, and if you can't reach a solution to your satisfaction, hire a lawyer licensed in your state to help you determine what you can recover.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law

Civil/Commercial Litigation (Lawsuits)

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Morgan Smith

Expertise

Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.

Experience

I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at: http://en.allexperts.com/q/Civil-Commercial-Litigation-911/indexExp_80217.htm

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AllExperts, Yahoo Answers, http://smith-and-raver-llp.biz/News.html

Education/Credentials
J.D. William Mitchell College of Law, St Paul, MN

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