Backing out of a sale

[Ribane]

I am in Michigan and my father-in-law went last week to look at a 1970 plymouth roadrunner, while looking on the car he agreed on a price of $3000 with the owner and shook hands and put down a $40 deposit, they both agreed we would pick the car up the following saturday at 11am. 2 hours before we went to pick the car up the owner called and said they did not want to sell. My father-in-law mentioned he was disappointed and would be contacting an attorney. A few minutes later They called back and said they had made an agreement and we could go pick it up.

On arriving at there house they declined to sell the vehicle, my father-in-law did not take his deposit back.

Does my Father-in-Law have any rights as far as being able to get the car for $3000 or have the interest on his loan paid that he took out for the car?.

I believe they realised the vehicle was worth more and didnt want to sell, are they allowed to do this or must they stick to there oral contract, since a deposit had been made?

 

[I AM ALWAYS LIABLE]

I am in Michigan and my father-in-law went last week to look at a 1970 plymouth roadrunner, while looking on the car he agreed on a price of $3000 with the owner and shook hands and put down a $40 deposit, they both agreed we would pick the car up the following saturday at 11am. 2 hours before we went to pick the car up the owner called and said they did not want to sell. My father-in-law mentioned he was disappointed and would be contacting an attorney. A few minutes later They called back and said they had made an agreement and we could go pick it up.

On arriving at there house they declined to sell the vehicle, my father-in-law did not take his deposit back.

Does my Father-in-Law have any rights as far as being able to get the car for $3000 or have the interest on his loan paid that he took out for the car?.

I believe they realised the vehicle was worth more and didnt want to sell, are they allowed to do this or must they stick to there oral contract, since a deposit had been made?

My response:

Besides the handshake, is there anything in writing; e.g., a check, a receipt, etc.?

IAAL

 

[Ribane]

Unfortunately no, but I most likely could get them to acknowledge the acceptance over the phone and tape it, if this is legal and acceptable

 

[I AM ALWAYS LIABLE]

Unfortunately no, but I most likely could get them to acknowledge the acceptance over the phone and tape it, if this is legal and acceptable

My response:

Don't waste your time. Taping him would be illegal and inadmissible in court - -

"Mich. Comp. Laws § 750.539c: A private conversation legally cannot be overheard or recorded without the consent of all participants. Illegal eavesdropping can be punished as a felony carrying a jail term of up to two years and a fine of up to $2,000.

In addition, any individual who divulges information he knows, or reasonably should know, was obtained through illegal eavesdropping is guilty of a felony punishable by imprisonment for up to two years and a fine of up to $2,000. Mich. Comp. Laws § 750.539e. Civil liability for actual and punitive damages also are sanctioned. Mich. Comp. Laws § 750.539h."


You've got nothing in this matter.

Okay, here's his defense if you should sue him - -

He'll say that the car was up for sale for $20,000 and bring proof of it's value to court. He'll also say that you're a scam artist and thought that you could take him to court and maliciously use the court as a threat to get a $20,000.00 car for $3,000.00.

If I were the judge, I wouldn't buy your story either due to the real value of the car.

IAAL

P.S. Gee, I sure hope it wasn't the "Super Bird" because if it was, you ROYALLY screwed up. It's bad enough if it was the "Road Runner", but if it was the "Super Bird", you should never have let a week go by. You should have broken "land speed" records to get the money THAT day.

 

[Ribane]

Thankyou very much for your reply, It should save him time and money

 

[JETX]

And hopefully, if he comes across one of these 'great' deals in the future, he will get all the specifics in writing and a receipt of his down payment.

 

[Ribane]

Would a witness, ie one of the sellers relatives help in the matter? or is it closed?

 

[JETX]

A relative witness is useless, due to obvious bias.

 

[Ribane]

their relative would be verifying the agreement that was made so would be helping us out. But i understand. I will advise him to carry a pen and paper around from now on

 

[I AM ALWAYS LIABLE]

Would a witness, ie one of the sellers relatives help in the matter? or is it closed?

My response:

Oh, yeah. That'll work.

C'mon, will ya? Would YOU testify against a relative?

IAAL

 

[Ribane]

Yes they have said they will as they realise the people selling the car are just doing it as they realised it is worth more and are childish for breaking the agreement

 

[I AM ALWAYS LIABLE]

Yes they have said they will as they realise the people selling the car are just doing it as they realised it is worth more and are childish for breaking the agreement

My response:

Well, okay if you say so. But, you know what they say about "blood is thicker than water", don't you? When push comes to shove in a court of law, who do you really believe they'll testify for in this matter?

Hey, if you think it's worthwhile, then go for it. That's why we have courts. Just don't expect much, if anything at all.

IAAL