Can a buyer count on everything the seller said during the sale? When people call my office to complain about it after being shot by the seller, I ask them to conclude their sales contract. I don`t need to see it: they`re almost all the same (at least in Michigan, but I`ve heard similar stories from other states). They contain a clause expressly stating that the seller cannot engage him with oral explanations. This can only happen if the seller`s statement is written in the sales contract and then signed and agreed by another representative of the trader. And it`s almost never done. Contractual terms must not be presented in a vague, incomplete or erroneous manner. In other words, there should be an agreement on who the contracting parties are, on each party`s obligations, on the price to be paid and on the purpose of the contract. The conditions between aunt and nephew are very clear; the aunt lends $200 to the nephew for the purchase of a new tire (and nothing else) provided he reseals her 200 dollars at some point (for example. B when he receives his next cheque). Without the testimony of the agreement, the aunt could have 200 dollars and a decent relationship with her nephew.
The parties, both reasonable, should freely approve the terms of the agreement, i.e. without influence, coercion, coercion or misreprescing of facts. The nephew and aunt accept the terms of the contract without putting pressure on each other and with the intention of fulfilling their obligations. Just like the aunt in our imaginary scenario, you`re probably better off documenting a written agreement. Something as simple as a promised note, detailing the nephew`s promise to repay his aunt, could have avoided any quarrel over their agreement. Finally, it is less difficult to ask family members for a written loan than to bring them to justice. Most oral contracts are legally binding. There are a few exceptions, however, depending on the design of the agreement and the purpose of the contract.