What is the name of your state (only U.S. law)? Florida
In the process of shopping for a used vehicle, I found one that I was interested in through a private individual who was selling their car. I took an initial test drive and liked what I saw. At that point I told the seller I liked the vehicle, but I still wanted to get a Car Fax and my mechanic to take a look at it before I committed to purchase the vehicle. The seller wanted a good faith deposit to keep it off the market while my mechanic looked it over. I agreed, with the stipulation that the deposit was just to hold the vehicle until my mechanic could take a look at it and barring any major problems with the engine or transmission I would buy the vehicle. We agreed and 2 days later my mechanic did get a chance to look it over. In the inspection, my mechanic found that it did have the starts of a larger transmission issue, one that could of cost me an additional 2-3K. I called the seller and told him that I was not going to be buying the vehicle considering the problems that my mechanic found. At that point I offered to compensate him for his time, with the understanding that had sunk costs as well and that we should split the expense. He agreed to give me back $400 of my $500 deposit, but that he didn't have the money and would get it to me in a week. A week has come and gone and I still cannot get a hold of him via phone, but I do know where he lives. What legal recourse do I have at this time to get my money back? I know small claims court is an option, but what else could I do to get this individual to do the right thing and honor his agreement? If anyone can help I would appreciate it.
In the process of shopping for a used vehicle, I found one that I was interested in through a private individual who was selling their car. I took an initial test drive and liked what I saw. At that point I told the seller I liked the vehicle, but I still wanted to get a Car Fax and my mechanic to take a look at it before I committed to purchase the vehicle. The seller wanted a good faith deposit to keep it off the market while my mechanic looked it over. I agreed, with the stipulation that the deposit was just to hold the vehicle until my mechanic could take a look at it and barring any major problems with the engine or transmission I would buy the vehicle. We agreed and 2 days later my mechanic did get a chance to look it over. In the inspection, my mechanic found that it did have the starts of a larger transmission issue, one that could of cost me an additional 2-3K. I called the seller and told him that I was not going to be buying the vehicle considering the problems that my mechanic found. At that point I offered to compensate him for his time, with the understanding that had sunk costs as well and that we should split the expense. He agreed to give me back $400 of my $500 deposit, but that he didn't have the money and would get it to me in a week. A week has come and gone and I still cannot get a hold of him via phone, but I do know where he lives. What legal recourse do I have at this time to get my money back? I know small claims court is an option, but what else could I do to get this individual to do the right thing and honor his agreement? If anyone can help I would appreciate it.