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wanting to break verbal contract on buying a car

i was going to buy...

i was going to buy a car from my dads friends son. my dad and i gave his friends son 5,000. he gave us a receipt. 2 days later i decided i didn't want the car we made the deal for anymore. that same day my dads friend said he would give my dad his money back. later that night my dads friend son called saying he would only give back 4k not 5k. i explained he never said we could not back out of the deal, he never gave a time frame for it and never made the cancellation part of the contract clear which to my understanding voids any verbal contract we had and that i wanted my money back. he became very rude and would not let me finish talking and hung up on me. would i win if i took him to court? also what are laws between common trade. he says he has a dealership in florida, we are in IL. He gave us a receipt that says we gave him 5000$ and it says he will not sell the car unless we don't pay the full amount by the due date which he left blank. Also I was browsing craigs list and saw he still had an ad up for one of the cars for sale that we had a pending deal on. please let me know if you need anymore information

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Answered in 3 hours by:
7/29/2013
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,473
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Verified

Hello in Illinois. Thanks for submitting this question. If I understand your situation, you gave him $5,000 as part payment and still owed a balance. If the contract didn't specify what was to happen if you didn't pay the balance, then it could be argued that the contract for purchase was incomplete, i.e. no "meeting of the minds" as to what would happen. In such case, the buyer would have the right to a full refund of his money.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Just Answer. Your business is appreciated.

Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,473
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Customer reply replied 4 years ago

the receipt says if i don't pay the balance in full by a due date ( which he left blank and didn't write down a due date) he has the right to sell the cars to someone else. i was looking on craigs list and he had one of the cars up for sale being displayed while he was supposedly "holding" the car for us because of our down payment. neither the owner of the cars or his father ever mentioned this was a final sale or anything like that. the deal we had was for two cars and i put 5k down as a down payment. the owner of the cars are the sons of my dads friend. my dads friend told my dad he would give us our money back in full, but then his son said he wouldn't.

Customer reply replied 4 years ago
Relist: Answer came too late.
It seems that even though money changed hands, the terms of the deal were never completely agreed to by either party. In such cases, the law would be that no contract existed and the money must be returned. The father's statement about giving the money back is irrelevant. One person cannot legally bind another that way.
I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Just Answer. Your business is appreciated.
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Hello again. I do not understand the "bad service" rating that you gave me. My answer actually favored your legal position in the matter. Please send me a Reply if you need more information or clarification of what I told you.
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Irwin Law
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,473
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Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.

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