Person to person sale...

I'm a Phoenix, AZ resident. On 12 December, I drove to Flagstaff,AZ (3 hrs.) to look at a car being sold by a private owner. Loved the car, and wrote the guy a deposit check for 500 towards the total of 6000. Four days later, the seller called me and I told him it looked like I wouldn't be able to get the car due to insurance settlement issues. I told him to sell the car if he could. He told me he would wait. I called him on 26 Dec. to see what to do about refunding my money. He said I'd be lucky if I got 1/2 of it back, referring to car dealer and apartment rental practices. I told him that was unacceptable, and the most I would give him would be 50 dollars. On the day of the sale, with witnesses present, there was no mention of his intent to withold money if the sale didn't go through. He still has ads in the paper, and it's VERY likely the car will sell (a 1986 Mercedes 190D, excellent condition). He said he would refund the whole amount when the car sells, which could be tomorrow, could be a year! My question: is this worth a suit or small claims filing? I'm not rich and can't afford to wait forever for this money; he's retired and has some money and (quoting) "has all the time in the world". What do you think? I appreciate your time and expertise. Thank you.

K Matthews

Small claims really isn't my area, but I would guess that if you had the receipt for the $500 then you would be able to win a small claims suit. If you have the receipt and not the car, then you should go ahead with a small claims suit. Unless, of course, you find better eason not to.