I sold my 2003 Cobra locally. Customer put down $2000 deposit. He made me sign a handwritten paper saying deposit is refundable. I told him the only way I would refund deposit is if the car has a major problem (like a motor) or something seriously wrong with the vehicle. It has no issues. The guy will not return any of my phone calls or text messages for a month now. If I sell the car to someone else am I obligated to give him his deposit back? I am going to give him 2 more weeks. I just don't know the legality of all this. What you guys think?
I need advise
- Thread starter CoBl2aKi/\/g
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I still have the car, and we never did any title transfer or any kind of paperwork....
i would say a week is all i would have given him anyway... I wouldnt have signed anything saying the deposit was refundable. let him test drive it, take deposit and set a deadline. the non refundable deposit is there to ensure he doesnt lollygag on the deal. all that being said... if you signed something that said it was in any way refundable without any deadline on it.. give him his money if you sell it.
Agreed, just make sure you keep his money handy - no reason not to give it back to him. He didn't really waste any of your time if you're still actively trying to sell it, unless you told others that the car was sold and it fell through because of that. In that case, I would contact all those people back, tell them the previous deal fell through and sell it to someone else. The guy will come back for his money eventually. Just keep it handy. If he doesn't come back for his money, there is likely a 3-year limitation on whether or not he can (depends on your state). If he waits for longer than that, you are legally not obliged to give him a dime.
I guess the point is since the guy is obviously dicking you around, just keep his money and give it to him if he asks. He can't sue you for not selling him the car, but he can sue you for taking his deposit if you signed something saying it was refundable.
I guess the point is since the guy is obviously dicking you around, just keep his money and give it to him if he asks. He can't sue you for not selling him the car, but he can sue you for taking his deposit if you signed something saying it was refundable.
From what I have heard,it has to be notarized in order for a court to count it legal. Don't take my word on it but that's what I have heard.
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+1^^ If it's not notarized and not a legal document, it doesn't mean anything. It's your word against his. I would just give it back to avoid the hassle of dealing with it.
What do you mean he "made you" sign a paper saying it is refundable? It's your car, the terms of sale are up to you. I've sold quite a few vehicles private party, I always have a document typed up that says the deposit is non refundable and the person has a deadline to make good on the rest of the cash. If they don't like it,tuff shit.
Why would you want to keep money that isn't yours? Give it back and move on.
Wow- that is TERRIBLE advice. A written contract is valid as long as it has no illegal conditions in it. Notorized or otherwise. WTF do you guys get this shit about the only legal document is one that is notarized? Look it up geniuses:nonono:
he hand written it on the sheet of looseleaf. i will eventually give his money back if he doesnt want it anymore. but i will wait about a month to give it back
Clearly not a lawyer.
Let me guess, no legal training.
ROFL. Thanks for saving me time :beer:
Glad I could help:thumbsup:
I just don't see how he "made you sign" it.
It's called semantics.... no one "made" him sign it. Given the options he didn't see a better solution at the time other than to sign it. That's what he meant.:rollseyes
no point in a refundable deposit
send him a text saying that if you don't hear from him within 48 hours you will consider his deposited abandoned and your agreement regarding a refund null and void. keep the message, let him sue you for the money in small claims. it would seem to me (NOT a lawyer) that things should go your way in court, esp. if you have kept copies of everything you have sent.
put the car back up for sale. sell to a guy with cash and do NOT sign another stupid paper saying the deposit is refundable. take a smaller deposit and say it is non-refundable since you are taking the car off the market.
I would try to give it back, but for **** sake... Why would you sign something like that? I'd put a week limit on it and then its not refundable anymore...
I wouldnt ever hide anything on a car I'm trying to sell either, and I'm upfront about any mechanical/cosmetic issues it may have, but once its out of my hands, I'm not going to be responsible for anything on it after its sold either. The new owner could have beaten the absolute shit out of it on the way home and caused issues based on his own stupidity. So, now.... If I understand that correctly, You gave him a warranty?
I'd try to just give him his money back and move on... Even if he does come up with the money, from what I got out of your contract... he's got a warranty and a refundable deposit, which neither should have ever been agreed by you on in the first place. Lesson learned.. Its your car, so dont agree to sign anymore BS contracts!!! lol
(and yes. Your contract is a legal document, that doesnt have to be notorized. You could have written it on a kleenex or paper towel and it still would be a legal document.)
I wouldnt ever hide anything on a car I'm trying to sell either, and I'm upfront about any mechanical/cosmetic issues it may have, but once its out of my hands, I'm not going to be responsible for anything on it after its sold either. The new owner could have beaten the absolute shit out of it on the way home and caused issues based on his own stupidity. So, now.... If I understand that correctly, You gave him a warranty?
I'd try to just give him his money back and move on... Even if he does come up with the money, from what I got out of your contract... he's got a warranty and a refundable deposit, which neither should have ever been agreed by you on in the first place. Lesson learned.. Its your car, so dont agree to sign anymore BS contracts!!! lol
(and yes. Your contract is a legal document, that doesnt have to be notorized. You could have written it on a kleenex or paper towel and it still would be a legal document.)
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