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buyer backed off from deal and wants 2000$ diposit back

 
Debra Thal's Avatar
  • Answered by:Debra Thal
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Customer Question

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


 

 

Optional Information:
Country relating to Question: Canada

Already Tried:
i have a notice of claim through court from other party. need to reply to that. so have few quistions

Submitted: 300 days and 19 hours ago.
Category: Canada Law
Value: CA$28
Status: CLOSED

Accepted Answer

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Expert:  Debra Thal replied 300 days and 14 hours ago.


Debra Thal (username) :

I need a bit of clarification about the facts.

Debra Thal (username) :

Are you saying he does not want to complete the deal because he discovered there were problems with the condition of the truck?

Debra Thal (username) :

And, if that is the case is he right?

Debra Thal (username) :

And if he is did you know about the problems but hide them from him?

Customer : No I did not hide. This is a semi truck. One off the air switch is broken. I told him. He might say I did not. And head lights are yellowish. But that is visible. He could have seen that. Only thing I wrote on the contract was I will start the truck. But he never showed up. He keep saying he showed up but he did not contact my friend. But sent me a email saying he is there. I know he did not. He had changed his mind already not to buy the truck. He was just building proffe
Debra Thal (username) :

Then if you did not do anything wrong in terms of mis-representing the state of the truck there is a binding contract.

Debra Thal (username) :

He put in an offer to buy the truck and you accepted.

Debra Thal (username) :

So he cannot change his mind.

Debra Thal (username) :

You can sue him to complete the contract.

Customer : Thanks for replying. Can you please answer the rest of it
Customer : Did I have to be present or my friend could finish the deal. I had completed the transfer paper and given it to my friend.
Customer : Thanks. Can you please answer the rest of it. I gave my friend transfer paper already filled. And he was suppose to talk to him. He is saying I was not present.
Customer : I have to reply back the claim letter within couple of days.
Debra Thal (username) :

You did not have to be present if you had agent present acting on your behalf and your friend was this agent.

Customer :
Customer :

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.

Customer :

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

Customer :
Debra Thal (username) :

There will be a pre-trial settlement conference.

Debra Thal (username) :

And it is very possible you can work out a settlement there.

Debra Thal (username) :

Otherwise, you need a full trial in Court and then a Judge will decide what happens.

Customer : I will for shure. Can you please give me couple of days. I might have a small Question or two
Debra Thal (username) :

Yes of course.

Debra Thal (username) :

But please don't worry as this post never locks and you can always post a follow-up question.

Debra Thal (username) :

Take good care.

Expert TypeLawyer
Category: Canada Law
Pos. Feedback: 98.3 %
Accepts: 37583
Answered: 7/2/2012

Experience: Lawyer

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