June finds an ad on Craigslist for a used car at a price she is willing to pay i
ID: 469983 • Letter: J
Question
June finds an ad on Craigslist for a used car at a price she is willing to pay in cash. She emails the seller and offers to pay $200 extra more the asking price. She asks the seller to call her immediately to work out a deal. The seller calls June and they orally agree that June will pay $5200 for the car. June is to drop by seller’s house in two days with cash in hand. They do not sign a formal agreement or otherwise follow-up by email or any other writing. The next day, another buyer offers seller $5500 for the car. Seller calls June to tell her that he will sell the car to the other buyer unless she can match the price. She tells him that they already have an agreement, and refuses. June receives an email from seller later that day. The email states:
Hey:
I spoke with my cousin, who is an attorney. He stated that I do not have to sell you my car because we didn’t sign anything, so it is not enforceable. Sorry our deal did not work out.
Cheers!
Can June still enforce the agreement, or is it unenforceable under the Statute of Frauds? Discuss.
Explanation / Answer
As per law code 1001 - Statement or general entries states that
(a)Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—(1)falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2)makes any materially false, fictitious, or fraudulent statement or representation; or
(3)makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
(b) Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.
(c)With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to—
(1)administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or
(2)any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.
as above we come to know that false statement can be penalised but there is no where mentioned about the oral statement or agreement approved to be considered for June to enforce the deal was finalised on a call so it cannot be considered as false statement.
Please drop your feedback on the above answer.