Downpayment given, canceled sale, want money back

[barney12]

What is the name of your state (only U.S. law)? Montana

Placed a downpayment (half the asking price) on horse trailer from private owner, finances fell through, went to get downpayment back, the seller has been hell to deal with saying we committed to a deal. I have a bill of sale stating I gave him half, but it is not complete, have no trailer or money either.

I agreed to give him $100 for his "trouble," although he's been the pain in the ass, he promised to send the remaining back. Doesn't happen, just get excuse after pathetic excuse, what are my legal rights?

Need that money, just lost home. Please help.

Thanks,
Barney12

 

[justalayman]

well, unless the contract had a financing contingency in it, you did commit to a deal. It sounds like the seller has since allowed a rescission of the contract so he owes you your partial payment.

If he refuses to pay you, there is little you can do but to head to small claims court and sue him.

 

[JETX]

what are my legal rights?

Very simple.

Absent a WRITTEN statement to waive your obligation to purchase, your 'rights' are to continue with the purchase that you agreed to. There is NO obligation for the seller to allow you to waive your agreement or to refund anything to you.

Contact the seller without the flaming ego and see if you can negotiate some kind of settlement.

 

[barney12]

Thanks for your unwarrented opinion, it makes great fertilizer.

Very simple.

Contact the seller without the flaming ego and see if you can negotiate some kind of settlement.