Deposit Issues with sale of auto

[RMJusnes]

What is the name of your state? North Carolina

Thanks in advance for checking this. Recently we agreed to sell a car to one of my wifes friends, but they wanted new tires, new battery, and a fresh oil change. Naturally we told him we would do so if he would give us a $200 deposit. The paper my wife and he signes says literally "..$200 towards the balance of the car" with no word "deposit" and no mention of the new tires etc. After getting the battery and tires and oil change for free, since i knew people that owed my favors, they decide that they do not want the car anymore and would like their deposit back. We refused to give the deposit back, since the deposit was taken in case this happened. Now they are taking us to small claims court for the $200. what are my chances?

 

[rycen]

Why not just give the 200 dollars back and sell the car to someone else?Is 200 beans worth your time?

 

[RMJusnes]

well it woulndt be a big issue if $200 was nothing to me, i really dont have the money to give them back, but i have considered it as an option. i would rather not give him any money, he has been causing a lot of trouble for my wife at their work over the whole issue

 

[rycen]

Would you not be able to ask a higher selling price because of the work that you had done?

 

[RMJusnes]

i probably could, but like i said, i would give him the money back if i had it to give it to him, i just dont have the money to give back! thanks for the help though

 

[JETX]

Now they are taking us to small claims court for the $200. what are my chances?

Based ONLY on your post, I would say your 'chances' are even at best. And they could quickly diminish based on any presentation by the 'buyer'.

 

[RMJusnes]

what exactly does that mean, do you have any suggestions for me?

 

[JETX]

what exactly does that mean

It means that you might or might not win in court.... and what evidence you can present that feels you have the LEGAL RIGHT to retain the $200 that was paid against the purchase. You claim it was a deposit, the buyer will clearly disagree.

do you have any suggestions for me?

Yes. Next time, put your 'deal' in writing.