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Infolawyer
Infolawyer, Attorney
Category: Business Law
Satisfied Customers: 57714
Experience:  Experienced lawyer
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I took a small deposit 4 days ago on an item advertised on

Resolved Question:

I took a small deposit 4 days ago on an item advertised on Craigslist. I decided not to sell the item. Can I be forced to sell to the individual who left the deposit. I have contacted him via phone, email, and fax asking him to contact me so I can return his deposit, but he has not done so.
Submitted: 7 years ago.
Category: Business Law
Expert:  Infolawyer replied 7 years ago.
How much is at issue?
Customer: replied 7 years ago.
What am I replying to?
Expert:  Infolawyer replied 7 years ago.
How much did you get and how much is the item worth?
Customer: replied 7 years ago.
I agreed to sell the item for $1,100 and took a $200 deposit. The item is probably worth in the neighborhood of $2,000.
Expert:  Infolawyer replied 7 years ago.
I would send back the deposit. Then buyer has no damages. and likely wont sue for specific performance.
Customer: replied 7 years ago.
Can he sue for specific performance on an item that is ordinary and readily available (we have three of them)?
Expert:  Infolawyer replied 7 years ago.
NO. He could sue for breach of contract and seek his money back. Only unique items could be so pursued (rare coin, real estate for example)
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