Return of Deposit - MI Obligation??

[mojee-69]

What is the name of your state? Michigan.

Early this year, we decided to put our car up for sale. We recieved an offer to purchase from someone out of state, so we asked for $500 to hold the car until the transaction could be completed. After 2 months of excuses, they told us that they did not want to purchase the car, since they did not have enough $$ for the loan down payment.

We sent a response back saying that we were keeping the deposit to cover expenses for that 2 months for the car, and also because we had to turn away other potential buyers during that time, finally resulting in us selling the car below what they offered to purchase it for.

Are we legally obligated to return the deposit?

 

[mojee-69]

I have written documentation

Anybody know about this?

I do have supporting documents. This was all done by e-mail & I saved all correspondence including an offer to purchase complete with agreed upon price.

 

[hexeliebe]

without a written, signed contract stipulating that you had the right to keep the money if the transaction wasn't completed, all you did was promise to hold the deposit for the buyer until the transaction was completed.

The transaction was never completed and therefore your 'hold' on the money is no longer valid.

if you try to take e-mails into court then the burden of proof is on you to prove they came from the other party and not from someone using their e-mail account.

Give it up.

 

[mojee-69]

Anybody else?

Anybody else know how my states law might apply to this?

We did state that we wanted the deposit to hold the car because we wanted to make sure the person was serious about purchasing it, & that we wanted to make sure they would not back out.

We even have a copy of a document we had to fill out for their credit union.

Also, are e-mails admissible in court?