Steven3456
New Member
- Jurisdiction
- Texas
Sir/ma'am
My daughter and I were looking for her first car. We contact an owner selling an older Beetle. We put a $1300 cash down payment to hold the car with no other contract besides a receipt stating how much was put towards it and break down of additional payments needed to complete the transaction. This took place in Texas on a Thursday evening. The following weekend was Easter weekend and we were having second thoughts on going further with the sale; upon a more thorough inspection of the vehicle. We decided not continue and I called him that Monday morning stating we were no longer interested and would like our down payment back. He claimed he had an out of state emergency and he would contact me when he had returned. After a few weeks, I called him as a courtesy and told me his lawyer told him he was not obligated to pay me back because the contract (which was never created) stated so. What's the best method to resolve this? Should I take him to small claims court? Do I need to tell him of my intentions as a warning?
My daughter and I were looking for her first car. We contact an owner selling an older Beetle. We put a $1300 cash down payment to hold the car with no other contract besides a receipt stating how much was put towards it and break down of additional payments needed to complete the transaction. This took place in Texas on a Thursday evening. The following weekend was Easter weekend and we were having second thoughts on going further with the sale; upon a more thorough inspection of the vehicle. We decided not continue and I called him that Monday morning stating we were no longer interested and would like our down payment back. He claimed he had an out of state emergency and he would contact me when he had returned. After a few weeks, I called him as a courtesy and told me his lawyer told him he was not obligated to pay me back because the contract (which was never created) stated so. What's the best method to resolve this? Should I take him to small claims court? Do I need to tell him of my intentions as a warning?