i got 2000 dollar deposit to my sell my truck for 18500 dollars totall. with a finalization of every thing after 11 days. untill then he changed his mind. and backed of from the deal. i have some quistions in regards XXXXX XXXXX went on, now he has filed a case in small claims court.
agreement was made in bc canada and truck is here as well
i told the buyer i am leaving bc for alberta day after tomorrow and he can talk to my friend and finish the deal with him on agreed upon date, now one of the excuses he is trying to make is that i was not present
can he back off from the deal saying there was some safty issue with the with the truck. although that was not in the agreement.
or deal is deal no matter what- specific to canadian law
counterclaiming cost 156$ i did ended up coming back from alberta since deal not go throuhg and i was looking forward to use that money to buy another truck in alberta. i still dont wanna counterclaim unless it put some good effect on the judge.
mainly my friend called him twice on the last day. but claiment just emailed me around 1:30pm saying he is waiting by the truck. but he did not answer two calls made by my friend erleir that day
he new my friend as i had introduced them and my friend was witness to the deal on the agreement. but claiment did not answer or called him back. he claims he called me but no calls came on my phone. he says my phone was off. but i talked to several people on that day
Country relating to Question: Canada
i have a notice of claim through court from other party. need to reply to that. so have few quistions
I need a bit of clarification about the facts.
Are you saying he does not want to complete the deal because he discovered there were problems with the condition of the truck?
And, if that is the case is he right?
And if he is did you know about the problems but hide them from him?
Then if you did not do anything wrong in terms of mis-representing the state of the truck there is a binding contract.
He put in an offer to buy the truck and you accepted.
So he cannot change his mind.
You can sue him to complete the contract.
You did not have to be present if you had agent present acting on your behalf and your friend was this agent.
thanks for replying
we talked on the phone mostly, but there was some emails exchanged, buy me stricktly to send him insurance papers. nothing else. he sent me some emails to basically build up proofs for himself. one day before the last day of contract he sent me email that he is waiting for me by the truck, and he called me and my phone was comming off, is email communication in such have any credibilty, although we have talked on the phone mostly.
on the court paper he sent me for claim against me he have wrong phone noumber for me seems like for purpose. but i can show my records that we talked on differnent no before that. i might tryed to say he called that noumber. i guess that is his problem.
can i ask the court to set up time themself the finish the deal because i am more then willing to do that. i think there might be a confrence between us before any thing go to court
There will be a pre-trial settlement conference.
And it is very possible you can work out a settlement there.
Otherwise, you need a full trial in Court and then a Judge will decide what happens.
Yes of course.
But please don't worry as this post never locks and you can always post a follow-up question.
Take good care.