Consumer Law, Warranties Is verbal agreement to purchase car revocable?

[roscoeboy]

I placed a $500 deposit on a used car and agreed verbally to a purchase price. At that time. the seller offered that I could bring a mechanic to the final delivery to inspect the car. I neither accepted nor declined. Also at the time, I requested that certain repairs be performed (broken glove box, broken power window, check engine light). A few days later, I asked that a mechanic be allowed to inspect the car. The mechanic found serious issues and I refused to buy the car. Seller is keeping the entire deposit, saying I owe him for the repairs he performed and for mileage driven to show me the car. This amount is not close to $500. Is he entitled to any of this money? If I sued, would a court find me obligated to purchase the car?

Thank you!

 

[fredrikklaw]

Sue and be sued!

Unfortunately, you will have to take this one on the chin, chalk it up to experience, and move on.

First of all, an agreement cannot be revoked, but you can revoke an offer at any time prior to acceptance. That said, the seller in this instance is very much entitled to reimbursement of the repair and fix-it costs which he incurred satisfying what you made to be a condition of the sale and he can use the deposit on hand to that end and not a single cause of action can accrue against him.

You made an offer to buy his car for so many dollars which he accepted and you even placed a deposit in lieu of the delivery; he then offers you to do an independent inspection on the car which you do not do but then condition the sale on repair of certain defects which the seller performs to your satisfaction, only for you to break off the deal.

You can of course sue him if you really want to, but not only will you not prevail, you will also be running the risk of going further into a financial hole if he hits back with a counter claim for all the other costs he has incurred on reliance of the agreed-on sale. And yes, you could also end up purchasing the car if you sue and he decides to counter claim with a cause of a action for specific performance.

So, do you want to buy a new car or do you want to pick a fight?

fredrikklaw

 

[army judge]

I concur with fredrikklaw 100%.

I will add that suing in small claims for a $500 debt is rarely worth it and very hard to collect on a judgment.

The lesson here is never leave deposits for anything.

But if you do leave a deposit a $1.00 deposit is as good as a $500 deposit.

Pay in full or don't do the deal.


Sent from my iPhone using Tapatalk

 

[jharris352]

I have to agree with Fredrick on this one. Once you give a deposit, unless it is contingent upon an inspection (in writing), you lose that deposit if you do not take the car. The fact that he did repairs in reliance of your promise is even more ammo against you.