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Small Claims Courts General civil claims that are under $10,000. Suing or defending usually without a lawyer.

Deposit on auto vehicle

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Old 12-27-2006, 10:38 AM     #1
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Default Deposit on auto vehicle

Hi, I need some legal advice. I recently was trying to sell my corvette and had a person come and look at the car. THey looked at the car and then put a $500 deposit down on the car. They then asked if they couldn't get financing could they get their deposit back. I gladly said that would not be a problem and when would you be coming to get the car. They told me within a week or so. After two months of them calling and telling me to hold on to the car and not to sell it, I emailed them and said that the deposit was now non-refundable because I had lost numerous ebay listing fees and sales because they would not come and get the car. And the reason they couldn't get the car was right after they gave me the deposit, this person lost his job and did not tell me. I did not cash this check for three weeks because I was going to give it back. Now the person is emailing me telling me I better give it back. I think they will be taking me to court over $500. Do I have a case against this person? I do not feel I should give it back, since they repeatedley kept telling me to hold on to the car. If they would have told me days later after putting up the deposit they couldn't buy it, then I would have returned the money. There was not anything signed or no contract for the deposit. Thanks. HOpe someone can help.
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Old 12-27-2006, 05:17 PM     #2
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Default Re: Deposit on auto vehicle

If the delay is that long, it is reason to keep the deposit. You should be able to win.
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Old 12-28-2006, 08:41 AM     #3
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Default Re: Deposit on auto vehicle

Hey thanks, should I go ahead and consult with a lawyer locally? I know your probably a lawyer, but just thought I would ask. I know it probably will be in small claims court. Thanks.
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Old 12-29-2006, 12:38 AM     #4
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Default Re: Deposit on auto vehicle

You can if the fee is reasonable yes...
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