Can a buyer back out after making a partial payment in a private sale?

[Kelly W]

Jurisdiction

Texas

Can a buyer back out of a private sale after paying $5,000.00 towards the total price? This involves the sale of a semi truck in the Dallas Fort Worth area. It was a verbal agreement and this man is now wanting his $5,000.00 back and not wanting to go through with the purchase of the truck. Can he do this? Can he legally ask for his money back and back out of the oral contract for the purchase of the truck?

 

[Zigner]

Yes, he can do that. He can ask for anything that he wants to ask for.

WHY does he want to back out of the sale?

 

[Kelly W]

Yes, he can do that. He can ask for anything that he wants to ask for.

WHY does he want to back out of the sale?

The man said his money is tight now because of doctor bills. I don't understand how he can break an agreement at anytime just because he feels like it? This was half of the sales price.

 

[Zigner]

I would say that he doesn't have much of a leg to stand on.

 

[mightymoose]

Did he ever take possession of the truck?
Was the title transferred?
How much time has passed?

If you already know he is not going to pay the balance it may be in your best interest to find a new buyer.

 

[zddoodah]

Can a buyer back out of a private sale after paying $5,000.00 towards the total price?

Can it happen? Of course it can, but I doubt that's what you intended to ask.

This involves the sale of a semi truck in the Dallas Fort Worth area. It was a verbal agreement and this man is now wanting his $5,000.00 back and not wanting to go through with the purchase of the truck. Can he do this?

Can he do what? He certainly can want his money back.

Something for you to keep in mind: Generally, "a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker." Tex. Bus. & Comm. Code section 2.201(a). It's possible that the one payment made might allow your verbal contract to be enforceable under section 2.201(c)(3), but you'll have an uphill battle.

Please answer the very relevant questions that "mightymoose" asked and explain why you'd do a deal of this magnitude verbally instead of in writing.