breach of contract?

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


A sales contract for the time of 30 days was agreed upon, between dealer and buyer, to not sell a vehicle of interest to anyone for any reason. $5000 deposit was paid to the dealer and the remaining balance to be paid within the 30 days, as this is out of state transaction. The vehicle was taken off dealer's website and other websites. Within those 30 days, my money was refunded back into my account because the dealer said the transmission went bad, but offered no other options, and made the unilateral decision to refund my money. How does a transmission go bad if it's supposed to be stored with very minimal use?

Without any further explanation or offers of the problem or how to rectify it, I am led to believe that he has come across a better offer to mine, and plans to sell the vehicle after the agreed upon 30 days.

Earlier this week, he informed me that his wife is pregnant and scheduled to be induced on the 21st, the date I told him I was planning on flying in to pick up the vehicle. I had a hunch at this point something was fish.

I understand that my money was indeed refunded to me, however we are still within the contract's 30 days, and need to know if there is something I can or should do. I really hope there is something I can do at this point, and any advice is greatly appreciated.

Tony

Either you bought the vehicle with the original agreement or you did not. By calling the money a deposit and having him promise to not sell to anyone for 30 days, I'd say you did not. If that is the case, he could sell it now if he wanted to.

Quite frankly, I could argue many things here regarding sale or option or what, exactly, was promised. But, the bottom line will be the original agreement (if any) is so muddled so as to make any litigation way more trouble than it's worth and with an entirely uncertain result.

tranquility said:

he could sell it now if he wanted to.

Quite frankly, I could argue many things here regarding sale or option or what, exactly, was promised. But, the bottom line will be the original agreement (if any) is so muddled so as to make any litigation way more trouble than it's worth and with an entirely uncertain result.

Click to expand...

Correct, I have not purchased the vehicle, I only put a deposit.

Can you expound on why he could sell it now if he wanted to? Is it not true that even an oral contract at times can be legally binding? With the said vehicle being in Kentucky, perhaps different states require them to be written and signed?

There was a contract via email describing the details of the deposit transaction.

Any other opinions out there?

There was no consideration for the purported contract to not sell the vehicle if you can get your deposit back if you decided not to buy. Contracts for the sale of goods for over $500 need to be in writing per the Statute of Frauds. Unless the other party is a merchant, UCC 2-205 would not apply. (To keep an offer open without consideration in a signed writing--which the deposit may count if he signed the receipt of it.)

lesson learned, thanks for the insight.