Seller backing out of car sale after deposit was made....

[alina3_18]

I found a car on craigslist that was selling below book value due to an engine problem. My dad is a mechanic and we figured he could fix it up. We went to check it out and agreed to buy it. Gave a $XXX deposit and got a slip from him saying:

total cost: $X,XXX
-$XXX (2/24/11)
-----------------
XXXX due 2/25/11
"I received $XXX deposit for my 2003 dodge dakota."
(his signature)
(his name)
(his phone number)

we called him back saying we can actually pay him the money and pick it up on 2/24/11.
he agreed. 30 minutes later he calls saying he wants to back out of the sale. He wants to have the car checked out and if nothing is major he wants to keep it. (he agrees to give our deposit back). if we want to proceed with the sale (having the deposit slip) he cant back out, right?
after a signed document has been made its like a legal contract as i understand.

thank you in advance.

 

[mightymoose]

You have no claim to that car until he signs off on the title.

So long as you get your deposit back you have no damages.

Yes, he can absolutely change his mind and keep the car.

 

[alina3_18]

i dont want my deposit back though. I want to proceed with the sale just as stated in the "deposit slip" i want to pay him the rest of the amount on 2/25/11 and take the car.

 

[mattchenzo]

There is no contract between you and him, legally, i think. You would have to have any contract signed by a notary. Take your deposit back, and look for another car...

**Sent from my OG Droid**