Question

商法问题

On Christmas Eve, John and Gloria Fromaway, a couple from NYC, stop by your home, 200 Cape Bowhead Drive, and offer to buy it for $50,000 above the appraised value of $400,000 with a 30 day closing date, as they want to tear it down and build a mansion. You agree. But you don't have a formal contract for them to sign. Consequently, you handshake on the deal and tell them you will print up a contract and mail it to them over the weekend. John singns a deposit check for $1,000 on his account at Bank of America (Gloria is not on this account), made payable to you with the following written in the "For" section: "Sale 200 Cape B Dr, #450Gs, close 30 days." Monday you ovenight the completed sales contract for your home, which you have not signed, to John and Gloria who are back home, and you include a note that you won't deposit their check until they return the signed contract. On Wednesday, John calls and says they found a better home down the road from you and he wants his deposit check back as the deal is off. Can you hold both John and Gloria to the contract? why or why not? what if you were the on who wanted to blackout of the deal and they still wanted to go through with it, could they hold you to the deal? why of why not? Explain your answer fully.

请各位帮忙回答一下啊..我完全摸不着头脑的~ 限时2天, 答得好的再追加分~

Answer 1

其实Verbal Contract 也是合法的合约，再说John已经付了定金，并在For的地方写了450G（就是450，000 元），所以这个合约是成立的；
Can you hold both John and Gloria to the contract? yes, because Contract is a contract either written or verbal both are legal.

why or why not? Verbal Contract is a contract as well, as long as both parties agree to it . beside there is a Cheque of $1000, to prove it.

what if you were the one who wanted to backout of the deal and they still wanted to go through with it, could they hold you to the deal?
if you are the one who wish to back out the deal , yes , you can .. but you have to lie, since John and Gloria do not have anything to proof that you have accepted the deal, beside you have not deposit the $1000 cheque, so you can always say, you are considering the deal, you have told John if you deposit the deal then their can consider the deal is on, otherwise there is No Deal .

why of why not? Explain your answer fully; as explain above.