• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Breach of oral contract

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



Rulenumber1

Junior Member
Please add your question and your state name by using the reply to thread feature. Thanks.

Sorry quincy, I thought my post went through earlier....

South Carolina

I want to start by telling you guys Thank You! I have used this forum numerous times for myself and to help loved ones..

Have a rental agreement with boyfriend on a car. I use the car for my work. I own a small shop at a flea market 30 miles away. I am 2 months in advance in payment.

Last month out of spite he took the car and gave it to my 18 year old son who does not live in our house. Son has a drug problem. He and I both know he is using and dealing. He was forbidden to drive the car until a month ago. (as he should be)

SC is a one party state and I have a recording with him saying I was paid 2 months in advance.

Can you guys point me to the SC laws on breach of contract? (<If that is the correct terminology) Can I ask for compensation for the loss of work?
 

HRZ

Senior Member
IF you are living in house with BF you have greater problems than his taking your rented car and delivering it to son .

GIven you can prove prepaid rent you probably have a winnable SC case for the rents in question ....but SC court might not have any power to get car returned and your inconvenience /damages are not recoverable . Probably smart to give BF clear written demand (keep safe copy ) to return the property you rented from him and recite that rents have been prepaid 2 months in advance .

His insurance might not cover rental use and if son is in accident there may be big liability issues ahead ....but that's not your problem. ...so far anyway.
 

quincy

Senior Member
Sorry quincy, I thought my post went through earlier....

South Carolina

I want to start by telling you guys Thank You! I have used this forum numerous times for myself and to help loved ones..

Have a rental agreement with boyfriend on a car. I use the car for my work. I own a small shop at a flea market 30 miles away. I am 2 months in advance in payment.

Last month out of spite he took the car and gave it to my 18 year old son who does not live in our house. Son has a drug problem. He and I both know he is using and dealing. He was forbidden to drive the car until a month ago. (as he should be)

SC is a one party state and I have a recording with him saying I was paid 2 months in advance.

Can you guys point me to the SC laws on breach of contract? (<If that is the correct terminology) Can I ask for compensation for the loss of work?

Thank you for taking the time to repost your questions, Rulenumber1. Mobile devices allow for a preview of your post prior to submitting it but, unfortunately, there is a glitch in that feature that deletes the content of the post. I imagine that is why your post disappeared.

Were you purchasing the car from your boyfriend or renting a car that he owns?

Oral contracts are (generally) enforceable. The terms of the contracts can just be more difficult to prove. Your advance payments on the rental indicate, however, that the contract you made with your boyfriend was meant to continue. Evidence of advance payments on the rental can be as good as a written contract when proving the terms of the agreement.

What are you hoping to accomplish here? Recovery of your payments? Recovery of the rental car and a revival of the original rental terms?
 

latigo

Senior Member
Sorry quincy, I thought my post went through earlier....

South Carolina

I want to start by telling you guys Thank You! I have used this forum numerous times for myself and to help loved ones..

Have a rental agreement with boyfriend on a car. I use the car for my work. I own a small shop at a flea market 30 miles away. I am 2 months in advance in payment.

Last month out of spite he took the car and gave it to my 18 year old son who does not live in our house. Son has a drug problem. He and I both know he is using and dealing. He was forbidden to drive the car until a month ago. (as he should be)

SC is a one party state and I have a recording with him saying I was paid 2 months in advance.

Can you guys point me to the SC laws on breach of contract? (<If that is the correct terminology) Can I ask for compensation for the loss of work?

Let's see now. You want to know if South Carolina has any laws that would allow you to sue the man with whom you are nightly intimate because he has loaned his car to your son thus breaking his verbal promise to loan it to you. Does that about cover it?

As an alternate to the unpleasantness of a lawsuit have you considered withholding certain "privileges" until he complies with his promise?
 

quincy

Senior Member
Let's see now. You want to know if South Carolina has any laws that would allow you to sue the man with whom you are nightly intimate because he has loaned his car to your son thus breaking his verbal promise to loan it to you. Does that about cover it?

As an alternate to the unpleasantness of a lawsuit have you considered withholding certain "privileges" until he complies with his promise?

An assumption. ;)
 

Rulenumber1

Junior Member
Thank you for taking the time to repost your questions, Rulenumber1. Mobile devices allow for a preview of your post prior to submitting it but, unfortunately, there is a glitch in that feature that deletes the content of the post. I imagine that is why your post disappeared.

Were you purchasing the car from your boyfriend or renting a car that he owns?

No....I bought a car. Ford 500 for 3,500. He suggested I put it in his name for less expensive insurance. Without my approval he traded it in on a new car. Made a ridiculous transaction. New car Blue book value is 5,700 at best. Traded new car got 3,000 credit. Still owes 12,000....Yes you read that right 12,000. Yeah I know hes not a good shopper....lol I did not realise this till after he broke Rulenumber1 (do NOT lie)

Oral contracts are (generally) enforceable. The terms of the contracts can just be more difficult to prove. Your advance payments on the rental indicate, however, that the contract you made with your boyfriend was meant to continue. Evidence of advance payments on the rental can be as good as a written contract when proving the terms of the agreement.

"as long as you make the payments you can drive the car"

What are you hoping to accomplish here? Recovery of your payments? Recovery of the rental car and a revival of the original rental terms?

Most important get my child from behind the wheel of that car NOW before he kills himself or someone else! He is NOT covered by insurance and neither am I..Get my monies back and compensation for the stress and work lost....There's troubled and reckless child much more to the story but I think it should go into a different thread? Its long and very disgusting! Down right scary!

He is using my child as a tool to intimidate and downright right terrify me. That boy has enough troubles should not be involved in our issues!
This nightmare has been going on for a moth now. Some days I feel I will truly have a nervous break down over this mess... :(


Sorry I have forgotten how to use the multi quote button.....
 
Last edited:

Rulenumber1

Junior Member
Let's see now. You want to know if South Carolina has any laws that would allow you to sue the man with whom you are nightly intimate because he has loaned his car to your son thus breaking his verbal promise to loan it to you. Does that about cover it?

As an alternate to the unpleasantness of a lawsuit have you considered withholding certain "privileges" until he complies with his promise?

WRONG! I FORGOT the magic word....FORMER boyfriend. "nightly intimate" no longer exited the moment I knew he was playing me against my child! Besides I do not play that game...
Where did you get loan me a car from? LOL ...Ive been paying for it...lol .....





Thank you for taking the time to repost your questions, Rulenumber1. Mobile devices allow for a preview of your post prior to submitting it but, unfortunately, there is a glitch in that feature that deletes the content of the post. I imagine that is why your post disappeared.

Were you purchasing the car from your boyfriend or renting a car that he owns?

Oral contracts are (generally) enforceable. The terms of the contracts can just be more difficult to prove. Your advance payments on the rental indicate, however, that the contract you made with your boyfriend was meant to continue. Evidence of advance payments on the rental can be as good as a written contract when proving the terms of the agreement.

What are you hoping to accomplish here? Recovery of your payments? Recovery of the rental car and a revival of the original rental terms?

IF you are living in house with BF you have greater problems than his taking your rented car and delivering it to son .

GIven you can prove prepaid rent you probably have a winnable SC case for the rents in question ....but SC court might not have any power to get car returned and your inconvenience /damages are not recoverable . Probably smart to give BF clear written demand (keep safe copy ) to return the property you rented from him and recite that rents have been prepaid 2 months in advance .

His insurance might not cover rental use and if son is in accident there may be big liability issues ahead ....but that's not your problem. ...so far anyway.

An assumption. ;)
 

Rulenumber1

Junior Member

WRONG! I FORGOT the magic word....FORMER boyfriend. "nightly intimate" no longer exited the moment I knew he was playing me against my child! Besides I do not play that game...
Where did you get loan me a car from? LOL ...Ive been paying for it...lol .....

Sorry guys I am beyond exhausted and quite honestly in such despair and worry over this because of the involvement of my child So much has happened in a month....:(

ABUSE OF POWER!


DARN! Just typed half a book and it took me too a paged that said I was not signed in...Happened the other day also..
Will try again tomorrow... :(
 
Last edited:

Rulenumber1

Junior Member
IF you are living in house with BF you have greater problems than his taking your rented car and delivering it to son .

Yes I know I do dear. Nothing as big as his involvement as my son though. It wont last long though. As soon as he is done using him as a weapon against me he will drop him like a hot potato. The man cannot afford my son. He has a serious medical condition and has to have insurance. This goon will not supply that and his many other needs.

That being said I will be starting a threat in the Landlord/tenant section. I've gotten some rest and I thank you both for your response here....Hope you can help me in the Landlord/tenant section :)

I have my demand letter ready BTW :)
 

quincy

Senior Member
Yes I know I do dear. Nothing as big as his involvement as my son though. It wont last long though. As soon as he is done using him as a weapon against me he will drop him like a hot potato. The man cannot afford my son. He has a serious medical condition and has to have insurance. This goon will not supply that and his many other needs.

That being said I will be starting a threat in the Landlord/tenant section. I've gotten some rest and I thank you both for your response here....Hope you can help me in the Landlord/tenant section :)

I have my demand letter ready BTW :)

It is best if you keep all related questions to this thread instead of starting a new thread elsewhere. This forum prefers that posters use a single thread so all background information can be accessed easily.

It helps us help you better.

Thanks.

A question about your son: Where does he live? Why is your ex-boyfriend able to exert so much control over him?
 
Last edited:

Rulenumber1

Junior Member
It is best if you keep all related questions to this thread instead of starting a new thread elsewhere. This forum prefers that posters use a single thread so all background information can be accessed easily.

It helps us help you better.

Thanks.

A question about your son: Where does he live? Why is your ex-boyfriend able to exert so much control over him?

Sorry quincy, I have already started the thread under "Landlord/Tenant" section. Is there a way to transfer it to here?

My son is now living with girlfriend and family. Mother of GF also involved in drugs. Yes I can prove this coming from my son via text and Facebook messages. She also told me of her cocaine use along wihh her 19 year old daughter (not my sons GF) (Hear say). I did not record her. High maintenance woman on her pop pops dime (her father use to work for the government)

The reason ex can exert so much control is my son was raised solely by me. Never had a father figure. Also ex is supplying him with the car to do his dealings. Local police are aware of all of this.

My son over dosed 2/16/2016. He all but died. Came in kissed me and grand children good night went in his room and did heroin. I found 8 plus hrs later with his left leg underneath his bottom, right leg hanging off bed. Called 911, he got to the hospital with 2 breaths a min. Because of laying on the left leg he got rhabdomyolysis.

10 days in ICU 3 major surgeries on left leg. He has permanent nerve damage in lower left leg. Not going to get better. Most likely going to get worse. The neurologist put him on an opiate although I asked him not to. (he was still a minor) He has just been taken off the opiate for not complying with a request to come in for a drug test and pill count.

My son is confused, scared, in a lot of pain....The ex is playing on all of that as is the GFs mother...

The other thread in Landlord/Tenant is called " Retaliatory Eviction"
 
Last edited:

quincy

Senior Member
Sorry quincy, I have already started the thread under "Landlord/Tenant" section. Is there a way to transfer it to here?

My son is now living with girlfriend and family. Mother of GF also involved in drugs. Yes I can prove this coming from my son via text and Facebook messages. She also told me of her cocaine use along wihh her 19 year old daughter (not my sons GF) (Hear say). I did not record her. High maintenance woman on her pop pops dime (her father use to work for the government)

The reason ex can exert so much control is my son was raised solely by me. Never had a father figure. Also ex is supplying him with the car to do his dealings. Local police are aware of all of this.

My son over dosed 2/16/2016. He all but died. Came in kissed me and grand children good night went in his room and did heroin. I found 8 plus hrs later with his left leg underneath his bottom, right leg hanging off bed. Called 911, he got to the hospital with 2 breaths a min. Because of laying on the left leg he got rhabdomyolysis.

10 days in ICU 3 major surgeries on left leg. He has permanent nerve damage in lower left leg. Not going to get better. Most likely going to get worse. The neurologist put him on an opiate although I asked him not to. (he was still a minor) He has just been taken off the opiate for not complying with a request to come in for a drug test and pill count.

My son is confused, scared, in a lot of pain....The ex is playing on all of that as is the GFs mother...

The other thread in Landlord/Tenant is called " Retaliatory Eviction"

Thank you for answering my question, Rulenumber1.

I received your private message.

After reading your thread in the Landlord Tenant section of the forum, I see you have received good information and advice. There is really nothing I can add to what has already been provided you by Gail in Georgia, though.

I hope your son is able to find the help he needs and that your life settles down a bit once you are away from your toxic ex. Good luck.
 
Last edited:

Rulenumber1

Junior Member
Thank you for answering my question, Rulenumber1.

I received your private message.

After reading your thread in the Landlord Tenant section of the forum, I see you have received good information and advice. There is really nothing I can add to what has already been provided you by Gail in Georgia, though.

I hope your son is able to find the help he needs and that your life settles down a bit once you are away from your toxic ex. Good luck.
a
Thank you quincy! Gail has come to my rescue before in different issues AND YOU have came to my rescue in different issues also!

Appreciate you guys!

Trish
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top