C
chessplayer
Guest
Hi, here's my situation.
I agreed to buy a used car from someone, conditional on it being checked by an inspection. We agreed that if the mechanic found problems that would cost more than $200 to fix I would not have to buy the car; but if it was fine or would cost less than $200 to fix minor problems I would buy the car.
I gave the seller a deposit and was given the title of the car to hold on to. The strange thing was, the mechanic found a substance in the engine that he had never seen before and could not explain without further tests. Depending on the (unknown) cause, it could cost thousands to repair, or it could be nothing.
I asked the seller for a few days to think about it and he agreed. Meanwhile, he took it to a different mechanic without me, and claims the problem was fixed and only cost $150. However, even the other mechanic could only guess as to the cause of the problem, and was not sure it would not recur.
I then asked for my deposit back, and the seller refused, insisting that the problem was fixed. He had not cashed the check though, so I put a stop payment on the check and returned him his title. Now he is suing for the deposit.
I would appreciate any thoughts or advice on this. What would the likely result be in court, and what should my defense be?
Thanks for your help.
I agreed to buy a used car from someone, conditional on it being checked by an inspection. We agreed that if the mechanic found problems that would cost more than $200 to fix I would not have to buy the car; but if it was fine or would cost less than $200 to fix minor problems I would buy the car.
I gave the seller a deposit and was given the title of the car to hold on to. The strange thing was, the mechanic found a substance in the engine that he had never seen before and could not explain without further tests. Depending on the (unknown) cause, it could cost thousands to repair, or it could be nothing.
I asked the seller for a few days to think about it and he agreed. Meanwhile, he took it to a different mechanic without me, and claims the problem was fixed and only cost $150. However, even the other mechanic could only guess as to the cause of the problem, and was not sure it would not recur.
I then asked for my deposit back, and the seller refused, insisting that the problem was fixed. He had not cashed the check though, so I put a stop payment on the check and returned him his title. Now he is suing for the deposit.
I would appreciate any thoughts or advice on this. What would the likely result be in court, and what should my defense be?
Thanks for your help.