How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 117368
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
10285032
Type Your Business Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

What legal rights, if any, do i have in the following transaction

This answer was rated:

What legal rights, if any, do i have in the following transaction: I posted a vehicle for sale on line, was contacted by 'XXXXX XXXXX' and stated that he was interested in the vehicle, a deposit was given to me and agreement was made for a day to pick up the vehicle. Day of, 'XXXXX XXXXX' says he is unable to come up with the rest of the money. Am i able to retain some or all of the deposit money? I felt i could have sold the vehicle during the days i had held on to it. Complete was of my time. Time = Money
Absent any written contract to the contrary, such a deposit would generally be considered refundable. However, he has still breached the contract so you could sue him in small claims court and demand damages and would have to prove you actually turned down offers to sell during that period. You could also go to superior court and demand specific performance which is where the court orders him to complete the purchase of the car (small claims does not have jurisdiction to order this).


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer (EVEN IF YOU ARE A SUBSCRIPTION MEMBER). This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

PLEASE NOTE WELL: IF YOU CLICK OPT OUT I CANNOT REPLY TO YOUR FOLLOW UP QUESTIONS AND YOU MAY NEVER GET ANY REPLY OR IT WILL DELAY MY ABILITY TO REPLY TO YOU. Also, if you use RELIST, I MAY NOT SEE YOUR RESPONSE AND IT WILL DELAY YOUR REPLY.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”

YOU CAN ALSO GO TO http://www.justanswer.com/lp/19qy-PaulMJD and request me.

Law Educator, Esq. and other Business Law Specialists are ready to help you
Customer: replied 6 years ago.
I am able to prove, via email that i have turned down other offers, if i may, go in to details. Mr. 'Jessie Flores', (age 16) initially contacted me in interest of my vehicle for sale (posted on craigslist) we set up a time to view the vehicle, he came along with his brother 'Luis Flores' we agreed upon a price of the vehicle myself and 'Luis Flores' as we knew we were unable to make a contract with 'Jessie' due to his age. Deposit of $200 was made, receipt given and agreement to pick up the car by weeks end. In the following days prior and post I received numerous inquiries for the said vehicle and stated that it had been sold. At weeks end, receive contact from 'Jessie' who stated he was unable to pay for the vehicle due to personal/financial issues. wrote a check for the refund balance $200 to Mr. 'XXXXX XXXXX' (father). My issue, now, i requested to 'Jessie' that they withdraw the funds within 2-3 days, this has not been done as of yet. I would like to make a stop payment on the check, contact the other party and state that i would be more than happy to write a check to 'Luis Flores' for 50% of the deposit - to correct my records AND recoup some damages from the time i've had to spent with them. Would you advise this?
Since you had no written contract that the deposit was non-refundable, you would have rights to sue for the loss of the other sales, but could not just keep it outright unless the buyer agrees to that.

Related Business Law Questions