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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I put a deposit on a box trailer. it was my brothers trailer.

Customer Question

I put a deposit on a box trailer. it was my brothers trailer. we agreed on price of $1500. he said he wasn't quite ready to take all the tools out of it so I left it when he empties it we'd finish the sale. winter has gone by and I found out three weeks ago Memorial day weekend he sold the trailer to someone else. he never told me until that weekend when I went over and saw it was gone. he never gave me my deposit back. three weeks have gone by and he finally sent me a check in the mail. then told me he put a stop payment on the check. I haven't received it yet. but I want the trailer he sold to someone else. Can I sew him for the value of the agreed price plus lost wages to go to court and expenses?
Submitted: 2 years ago.
Category: Legal
Expert:  CalAttorney2 replied 2 years ago.
You can sue him for the "benefit of the bargain" (which would either be the return of your deposit money, or the value of the trailer minus your deposit money). This would be a small claims court action for breach of oral contract.