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Private vehicle sales deposit

Discussion in 'Small Claims & Municipal Court' started by Richard8899, Feb 10, 2021.

  1. Richard8899

    Richard8899 Law Topic Starter New Member

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    I recently put a vehicle up for sale and a buyer came and looked at it. Didn’t drive it but heard it run looked around and under it and decided he wanted it but we agreed that he would give me $1300 down that day and would give me the other $1300 at delivery to his house. Due to COVID the registration process took 3 weeks to complete and once I was able to get in and start heading to his house we had an issue with the truck. I ultimately fixed it but took it back to the original lot because it being so late in the day and I work over the road during the week. So I explained the situation and that the truck needed a new oil pan due to leaking oil. He got upset and told me now he doesn’t want the truck because he’s waited so long. So he told me to list it for sale again so he can get his money back. Am I legally obligated to give him back the deposit? I wrote out a quick receipt on the day of the deposit stating “ I, (name) sold the 1997 F800 to (buyer) for $2600 with $1300 down and $1300 due at delivery.” Then the VIN with my signature at the bottom.
     
  2. Zigner

    Zigner Well-Known Member

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    When were you actually supposed to deliver the vehicle? I'm not asking for a vague statement (unless that's all you had), rather, were you supposed to deliver it the next day...or the following Tuesday, etc.?
     
  3. Zigner

    Zigner Well-Known Member

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    Also, I appreciate the fact that you didn't write "VIN number", as people often do.
     
  4. Richard8899

    Richard8899 Law Topic Starter New Member

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    There was never a settled date. Just whenever I was able to get the plates and a ride to help me deliver it. Which was last Saturday and when the truck stalled on the side of the road I spent the afternoon getting it running. At which point the pan of the engine was leaking oil which I’m almost positive we discussed it was in bad shape when he looked at it which he did climb under and look at it. But after I explained it to him he got upset and said he never would’ve bought it if he knew the pan was bad. So he said he’s been waiting too long and is tired of waiting so told me he doesn’t want it now and put it back up to sell it so he can get his money back
     
  5. Richard8899

    Richard8899 Law Topic Starter New Member

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    After we got off the phone he sent me a text saying-

    The more I think about it I waited a month already for the truck and didn't get it so I dont really want to wait another month for my money so try to do whatever u can thanks
     
  6. adjusterjack

    adjusterjack Super Moderator

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    Jeez, so many mistakes, I don't know where to start. So I'll tell you how to do it so you don't have this problem next time.

    No deposit, no delivery, you don't get the plates. Cash in full in hand, take your plates off and scrape off the registration sticker (I looked that up for NY). Buyer brings temporary tag, hands you the money, you sign over the title and transfer form, making copies before you turn them loose, make a duplicate bill of sale that says AS IS. Both of you sign both, he keeps one. Hand over the keys. He drives off. You surrender the plates to the DMV. All done.

    You might as well give him his money back and start all over. Don't make the same mistakes.

    PS. Yeah, you do owe him his money back. You sold him a bum truck that you couldn't deliver. You're the one in breach, not him.
     
    Zigner and army judge like this.
  7. Richard8899

    Richard8899 Law Topic Starter New Member

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    I WAS able to deliver but there was an issue with the battery that made it stall. I still planned on delivering to him and being in an OTR truck driver I’m only around on weekends so it makes it pretty difficult to get things done. I explained this to him.

    I also signed the title and sent it in to get the truck registered in order to get it back home because that was the original plan. So he bought it understanding this. Part of the reason he bought the truck was because he wanted it delivered to which I agreed to do but being I’m short on time off I had to plan it out.

    I explained to him I can still deliver it and he decided he no longer wants it. I had 3 other people interested when he bought it and now I have to repost and wait for someone to show up. So just because he decided he’s tired of waiting he can blow off a buyer agreement and I gotta leave at him back because he’s impatient?
     
  8. adjusterjack

    adjusterjack Super Moderator

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    That's right.
     
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  9. Zigner

    Zigner Well-Known Member

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    Frankly, he's been more than patient.
     

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