Sales deposit recovery

[richabri]

What is the name of your state (only U.S. law) New York

My son recently put down a $200.00 deposit on a car he wished to purchase from a private seller. Without signing any contract he verbally agreed to pay the remaining $500.00 on a later date when he would take ownership of the car. He changed his mind when it became clear that the car was in worse condition then the seller originally led him to believe. Now the seller says he will not return my son's deposit until he has secured another buyer for the car.

Can the seller do this or is my son legally entitled to get his deposit back in a more timely fashion?

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

[HomeGuru]

Originally Posted by richabri

What is the name of your state (only U.S. law) New York

My son recently put down a $200.00 deposit on a car he wished to purchase from a private seller. Without signing any contract he verbally agreed to pay the remaining $500.00 on a later date when he would take ownership of the car. He changed his mind when it became clear that the car was in worse condition then the seller originally led him to believe. Now the seller says he will not return my son's deposit until he has secured another buyer for the car.

Can the seller do this or is my son legally entitled to get his deposit back in a more timely fashion?

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

**A: how old is your son? If he is a minor then he is entitled to get his $200 back.

[richabri]

**A: how old is your son? If he is a minor then he is entitled to get his $200 back.

Thanks for responding. My son is not a minor - he's 19 years old.

[racer72]

Without a contract in hand giving your son the right of recsicion, the buyer is within his legal rights to hold the money till another buyer is found.

[richabri]

Without a contract in hand giving your son the right of recsicion, the buyer is within his legal rights to hold the money till another buyer is found.

Thanks for the advise. I wondered if it couldn't also be said that without a contract specifying that the deposit is non-refundable, that by default the deposit cannot be held.

I knew there were two sides to this; i.e. either party in this could be considered to be injured, and that is why I was looking for an answer as to what the default condition might be.

My son could just wait until the seller found a buyer but the car is hidden behind a business with no 'for sale' sign posted anywhere and the seller does not have the car listed anywhere as being for sale so this situation has an open-ended timeline with no end in sight.

I'm going to speak to the seller today and try and get the deposit back. Failing that I'm going to take this to matter small claims court. I just wanted some info before I proceeded

[Antigone*of*Greece]

Originally Posted by richabri

Thanks for the advise. I wondered if it couldn't also be said that without a contract specifying that the deposit is non-refundable, that by default the deposit cannot be held.

I knew there were two sides to this; i.e. either party in this could be considered to be injured, and that is why I was looking for an answer as to what the default condition might be.

My son could just wait until the seller found a buyer but the car is hidden behind a business with no 'for sale' sign posted anywhere and the seller does not have the car listed anywhere as being for sale so this situation has an open-ended timeline with no end in sight.

I'm going to speak to the seller today and try and get the deposit back. Failing that I'm going to take this to matter small claims court. I just wanted some info before I proceeded

YOU will have no success in small claims court. You are not a party to the action.

Your son and the seller of the vehicle are the only parties involved. Your son agreed to purchase the vehicle and from that point forward, the seller took the vehicle off the market. He may have turned away potential buyers as a result of this agreement with your son.

[richabri]

YOU will have no success in small claims court. You are not a party to the action.

Oh I know that. I meant to say that I will be going with my son to file in small claims court. He involved me in this whole mess because he screwed up and now wishes to pass this bag of sh*t for me to handle so I'm just doing whatever I can for him

Thanks

- Rick

[richabri]

Just an update: the situation was resolved by my meeting with the seller. He didn't wish to persue it further in court and simply gave my son his deposit back.

Thanks to all for your input