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Private motorcycle sale(deposit issue)

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pavell1995

Junior Member
What is the name of your state (only U.S. law)?
Good day. I am from MI. I was selling a motorcycle on craigslist privately. A buyer showed up and left a 100$ check, saying:"deposit for a motorcycle" No other documents were signed. And now, he backed out of the deal and wants his deposit back. Do I have to give it back?
 


Did he sign a written document agreeing to purchase the motorcycle?

Also, how much did he agree to pay for the motorcycle?

Last, did you two discuss whether the deposit was refundable or non-refundable?
 

Mass_Shyster

Senior Member
What is the name of your state (only U.S. law)?
Good day. I am from MI. I was selling a motorcycle on craigslist privately. A buyer showed up and left a 100$ check, saying:"deposit for a motorcycle" No other documents were signed. And now, he backed out of the deal and wants his deposit back. Do I have to give it back?
Was the price of the bike $1000 or more? If so, you do not have an enforceable contract, and must return the deposit.

If price was under $1000, you must make a good faith effort to sell the bike. The buyer who breached is liable if you end up reasonably selling it for less, or for any reasonable expenses incurred due to his breach.
 

pavell1995

Junior Member
NO other documents were signed. He've just signed a check in my name with a description:"deposit for a MC" The price was 1200. When he refused, I dropped it to 1000$ with a free delivery, but he still didn't want it. We did discuss the deposit very slightlly. I said, that if I decide not to sell it, I return this, if the buyer quits I keep it.
 

pavell1995

Junior Member
And also, the buyer threatened me, when I refused to pay the deposit back, saying, that I will be sorry for that.
So am I liable for that in this case?
 
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