I rented a snowmobile a few weeks ago. The snowmobile was in very rough condition. We towed it to the place we were going snowmobiling the next day. Withing the first 2 miles of driving it we pulled over to regroup. I then noticed my snowmobile was smoking and overheating. I turned it off. When we tried to start it the pull rope broke and we noticed oil all over the ground. Since we had no phone service we left it and snowmobile to the cabins we were staying for the weekend. At the cabin I called the dealer first thing and explained what happen. He told me something to try to get it running (where the spare starter rope was tools etc) and we tried to fix it. We got it started but it wouldn't move when we gave it gas as the track was somehow frozen. Again I called told the dealer what happen and he said he was sorry and that what he would do was refund my rental fee for the weekend when I returned the snowmobile that Monday. So I had no snowmobile to use. I was lucky I had 4 other friends with theirs. I return the snowmobile as promised and he refunded my rental fee via a credit card receipt which he signed and we left. Later that day he called to say that the failure of the snowmobile was my fault becasue I drove with the parking brake on and that we was now going to charge me for the rental and repair. I am certain 150% that I did not drive with the parking brake on and have 3 witnesses that will confirm this. My question is this. I feel I had a new contract agreement in place. I read that a verbal agreement has 3 pieces. 1. Offer The dealer offered to refund my rental money over the phone. 2. Acceptance I agreed to that offer. 3. Consideration Which means each side must give the other something of value. In this case I gave him back his snowmobile and he gave me back my rental money. Also he signed the credit card receipt giving me the money which in my mind is now a written contact. So what are my options here do I have a leg to stand on? Do I owe this guy any money? I tried to compromise with him but he won't do it. Again these snowmobiles (we rented 3 of them) were in very poor condition with a lot of mileage and several years old when over the phone when we rented them he told us there were only 1 or 2 years old. Thanks

Seems to me that when he signed the receipt and you left it was a done deal. I think the burden would be on them to take legal action against you if they believe you were at wrong. Without a court order, you don't owe them anything.

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