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JBaxLaw
JBaxLaw, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 11311
Experience:  Wide experience in consumer rights law.
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I sent a $300 down payment by mail for purchase of a $1400

Resolved Question:

I sent a $300 down payment by mail for purchase of a $1400 dog last week. This dog was listed on the internet and I spoke with the seller several times. The seller now says she is sending my check back in the same envelope (which should have a cancelled postmark) and does not want to sell the dog to me.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  JBaxLaw replied 1 year ago.
Hello,

I am a professional here to assist you. I appreciate your use of this service.

I see that you are having a problem with a transaction to buy a dog and you are receiving a refund. What is your question?

Thank you
Customer: replied 1 year ago.

I want to know if she is legally required to sell me the dog since I sent her a $300 downpayment (which we agreed to) This money was sent in an envelope to her address. This envelope was postmarked by the u.s. postoffice.


 


She does now not want to sell me the dog and is returning my check and the unopened envelope. (maybe she has a better offer)


thank you

Expert:  JBaxLaw replied 1 year ago.
I assume you have no written contract and only a verbal agreement?

Are you asking if you are able to file a civil suit to enforce a verbal contract?
Customer: replied 1 year ago.

I am asking if the cancelled postmark on the check sent makes it legally binding.

Expert:  JBaxLaw replied 1 year ago.
I appreciate your patience. It is sometimes important to ask numerous questions before answering a customer. The term "legally binding" would mean that the verbal agreement can be enforced in court. Taking a seller to court is the only way to force them to do anything. The postmark has little to do with an agreement being binding unless timing is an issue. If you mean a bank's mark that a check has been cancelled, that may show that payment was rejected. What you are asking is whether a cancelled check supports a civil suit to enforce a verbal agreement. It would show that a verbal offer was accepted, potentially. Such a civil action would turn on testimony of the parties. The person filing suit would have the burden to prove a verbal contract existed and was breached. That can be very challenging and is the reason most transactions for anything of higher value are typically in writing.

Please follow-up as needed.


Thank you for using this service and please have a good day
You should see the rating option on your page. I would really appreciate a positive service rating. Please let me know if you have any problems with the rating feature.
JBaxLaw, Lawyer
Satisfied Customers: 11311
Experience: Wide experience in consumer rights law.
JBaxLaw and 9 other Consumer Protection Law Specialists are ready to help you

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