trouble getting money back for vehicle

[eliteboardr]

I live in new york and i recently had made the decision i was going to buy another car, i found a car on craigslist and i contacted the seller and test drove the car, i told him i would buy the vehicle with my tax money that was supposed to come in soon, he told me that he would remove the ad from craigslist if i gave him some money. I gave him 500 dollars on april 17 and i made him write up a receipt for that 500 and we both signed it. I am having trouble with my tax return coming in so i didnt have the money to give him for the car, as of yesterday,may 13th i told him that something had come up and i couldnt buy the car and that i would need my money back. It took him awhile to respond but when he did he said that he checked and the deposit of 500 i gave him is non refundable. He told me since he held the car for so long he has to keep the deposit. Now we made no verbal or written agreement saying the deposit was non refundable and no where in the receipt for the 500 does it say anything of that nature and it has not even been a month since i gave him that money. I am the only one who has the receipt because he never made a copy. I dont understand where he is coming up with this saying he doesnt have to give it back, he is supposed to call me tomorrow because i demanded he explain to me about this. Is this legal? Can i threaten to take him to small claims court for that 500 if he still refuses to give it back?

 

[justalayman]

, i told him i would buy the vehicle with my tax money that was supposed to come in soon, he told me that he would remove the ad from craigslist if i gave him some money.

sounds like you gave him a deposit to hold the vehicle. He took actions detrimental to himself (took the car off the market). You agreed to compensate him. He earned the money.

 

[BL]

Are you going to receive your Tax return ?

Check State here:

https://www8.nystax.gov/PRIS/prisHome

If so, complete the transaction as was agreed.

 

[Betty]

You can sue him in small claims court if you don't get your money back but you might not win. I tend to agree with justalayman.

 

[eliteboardr]

i understand that because of that he couldnt get any offers but still how can you do that if we never agreed on anything being non refundable, every deposit for anything is always refundable unless agreed to not be

 

[swalsh4II]

every deposit for anything is always refundable unless agreed to not be

And you're basing this off what?