No vehicle & seller refuses to return $$

[adp_1976]

What is the name of your state?What is the name of your state? Virginia

Hi, my husband was going to purchase a used Range Rover in March for $2000. He paid $1600 cash down on the vehicle and was to return with the remaining $400. He has since changed his mind, and we want our money back from the seller. She has refused, stating that the money is gone, and that we can either give her the remaining $400 and take the vehicle, or she will try to resell it and "maybe she can give us $1000 or so of what she makes on the resell". She is saying that she's gotten advice stating she doesn't have to return our money. HOW can this be??? We didn't receive anything in this deal at all, so I don't see how she thinks she has the right to keep the money. By the way, there was nothing in writing as far as a contract, and no receipt. But the exchange of money was witnessed by a neighbor of the woman's, who is willing to affirm that he did see my husband give her the $1600. Do we have any legal recourse here?

 

[matti422]

Your legal recourse is to make good on your promise. Sounds like she is still willing to deliver the car for the remainder of the promised price. If you breach your end of the deal, then she still has the right to receive $2000 for the car - if she can resell it to someone else for the full $2000, then you should get your deposit back. If she can sell if for only $1000, then you will get $600, and she will most likely be allowed to keep the remaining $1000 as reliance damages. If she can see it for more than $2000, you only get back your original $1600.

See how this works? She relied on getting $2000 for the car. You, as the breaching party, get the short end of the stick.

You can always make good on your promise - give her the remaining $400, and go get your car.