sued for deposit for auto selling

[mfshin]

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

Hi, I agreed to sell a car.
Buyer deposited amount of $350 and agreed to deliver remainder of fund after 2 of items being repaired at my end. Repairs were done correctly a day after tentative agreed final transaction date. I say tentative, as we have agreement in writing that the complete fix will be contingent and vaguely noted as "Final transaction date is contingent upon above agreement to fix items and to prepare the remainder of fund, but it is expected to occur by middle of next week".
Buyer backs off and wants his deposit back, furthermore he opened up small claims summon thru court.
I'm curious if I can appeal which requires civil court pursuant to win the case or better off to just return the deposit?

 

[justalayman]

For $350 bucks i suspect you would be better served by simply refunding the deposit. I don't know what argument you may have in court. Even given the expense of
Making the repairs, you have gained the benefit of the repairs and can price the vehicle accordingly in your further attempts to sell.

It also sounds like a financing contingency (to prepare the reimainded of [the] fund)

If that is interpreted as a financing contingency, if he was unable to secure such financing it would allow him to terminate the contract.

 

[mfshin]

Thanks for reply.
I also think returning the deposit would be best solution given time / money involved to bring it to civil court; although I think this buyer is playing.
Now then the Q is how to return back since buyer already open up a small claims summon.
Do I need to appear in the court and agree to pay, if so would there be any further fees (court charges)?

 

[justalayman]

If you wait until court and are ordered to refund the money you will also be liable for court costs

I would suggest contacting the "buyer" and just offering to refund the money. I would ask him to sign a release of all claims against you at that time. You don't have to explain the release will apply to the court costs as well (yes, a bit sneaky).

 

[LdiJ]

If you wait until court and are ordered to refund the money you will also be liable for court costs

I would suggest contacting the "buyer" and just offering to refund the money. I would ask him to sign a release of all claims against you at that time. You don't have to explain the release will apply to the court costs as well (yes, a bit sneaky).

HOWEVER, if you do this you will still have to show up for court, on the court date, to show the court that you already paid him the money and got a release. Otherwise he could take your money, show up to court himself and get a default ruling against you if you are not there.

 

[justalayman]

HOWEVER, if you do this you will still have to show up for court, on the court date, to show the court that you already paid him the money and got a release. Otherwise he could take your money, show up to court himself and get a default ruling against you if you are not there.

Good point.

If the person does sign a release you might suggest the person file to dismiss the case.