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Thelawman2
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1055
Experience:  Attorney-at-Law
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I wanted to buy a car from a private party, but waiting

Customer Question

Hi, i wanted to buy a car from a private party, but waiting for 3 weeks, he didn't produce the legal documents that my bank wants. so i have to go with another party. Now he says i have to pay him.
We have been communicate through emails. Other than email communication we didn't sign any document.
what should i do.
Submitted: 1 year ago.
Category: Legal
Expert:  Thelawman2 replied 1 year ago.
Was there any actual agreement between the two of you that you were going to buy the car? Did you say as part of that agreement that you needed certain legal documents?
Customer: replied 1 year ago.
No. i didn't mentioned anything saying part of agrement. But we communicated through email about the documents that we need to process the loan.
Expert:  Thelawman2 replied 1 year ago.
Did you actually say in the e-mail that you were going to buy the car?
Customer: replied 1 year ago.
Yes
Expert:  Thelawman2 replied 1 year ago.
Did you say that you needed to get the loan to purchase the car?
Customer: replied 1 year ago.
Yes i did
Customer: replied 1 year ago.
But also i told him now that due to the delay that he is making. i had to go for another car.
Customer: replied 1 year ago.
Any suggestion?.
Customer: replied 1 year ago.
Any input will be helpful.
Expert:  Thelawman2 replied 1 year ago.
Well if you told him that you needed the loan to purchase the car, you could always make the argument that it was a condition of the agreement and his failure to provide the required documents resulted in a breach of his part of the agreement. Further, on a related note, his failure to respond to your requests for documentation resulted in a breach of the agreement on his part as well. You are not responsible for waiting around to hear back from him regarding the documents for an unlimited period of time. He has to complete his part in a reasonable amount of time, which he failed to do. At this point, there is really nothing that you need to do. If he wants to recover any money from you for the purchase of the car, he will need to bring a lawsuit against you.
Customer: replied 1 year ago.
Below is the email that i got from him. What should i do.."Since you are unwilling to compensate me for the time loss that you created by luring me into withholding my car for sale in promise of sale of vehicle I have no other choice than to proceed by engaging legal representation. Be expecting contact from my legal team at Adair & Myers. Have a good day and I will see you in court.".
Customer: replied 1 year ago.
Not sure. if he just threatening me or telling me for sure.
Expert:  Thelawman2 replied 1 year ago.
It is hard to say. But at this point, court may be the only way to resolve this matter. You may want to find a lawyer to defend yourself. Just as a potential defense to think about, even if you breached the contract, the other party had a duty to try to mitigate his losses (he should have tried to sell it to someone else).

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