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Car Desposit Dispute

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SandMan123

Junior Member
What is the name of your state (only U.S. law)? Missouri

Hello, I haven't posted here before. I am selling a car, and the buyer agreed over email to deposit 500 dollars in order to cover my travel costs to drive the car from Missouri to Las Vegas where he agreed to buy it. Now he has changed his mind, and wants his deposit back. Here's the email history. The emails that begin with "Elliot" are my own, the others are his.

Hey man,

Great talking with you! I'll make sure to talk to my bank about the transfer and the order in which we do everything. I'll buy the Mustang for $22,500 between March 1st to March 7th (although there's chance I might buy it sooner). Looking forward to it!

Elliot: Sounds good. I'll send a few more pictures. Also, to make sure you know the options on the car: it's a base model GT with the 3.73 gearing and 6 speed manual. All stock. Do you have any other questions about it?

Elliot: Okay, I understand the need to check it out personally. So you will have to fly Missouri, then to Vegas, then back to Missouri to pick up the car...that does seem like an awful hassle. Here's one more option I can give you. I could drive the car to Las Vegas from Missouri if you are willing to come up to 23K on the price, and put down enough of a deposit to cover my travel expenses. I realize that may not be amenable, but it just seems like that might be simpler. Let me know.

Driving it to Vegas would be perfect and I'd agree to $23K as the total price. My attorney is paid to be wary, so he does his job well. LOL

Elliot: Ok, I can do the drive to Vegas, but the only issue for me is that I'd need a deposit in case (being wary, like you said) you changed your mind, in which case I'd have to cover both the trip out and back myself because the military will only pay for air travel, not the drive. Would you be ok doing a deposit before I left?

Why don't we simply include the cost of travel in the final price ($23K)?

Elliot: 23K is fine, but I'm a little nervous about driving the car all the way out there without a deposit...because I'll have to cover about $700 in expenses if you change your mind (both legs of a 3 day trip). Does that make sense? So, if we did a deposit, we'd just subtract that from the final price for the car--still 23K.

I'd be comfortable doing a $500 deposit. So the final price of the car would still be 23K (22.5K + 500 deposit).

"Here it is: I, (buyer), submit a $500 deposit, on (seller)'s 2011 black Mustang on Feb. 22nd. The sale price of the Mustang is $23,000 and the $500 deposit will be applied to the cost of the car. (Seller) agrees to not sell the Mustang to any other buyer until March 7th, and (buyer) agrees to purchase the car by that date. If the car is sold after that date to someone other than (buyer), then the deposit will be returned to (buyer) in full."

Simply send back an email stating that "I, (seller), agree to the terms." and we're all set.

Elliot: Sorry didn't mean to send the empty email.

I, (seller), agree to the terms below.

Out of curiosity though, was the last part supposed to read "if the car is sold before that date" instead of "after that date" --either way I'm not selling it to anybody else so it doesn't really matter--

Yeah, that was my mistake. I'll take your note as an addendum. And I'm going to buy it anyway, so it doesn't matter. LOL
 



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