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Right to Vechicle Deposit

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jap2

Junior Member
Washington State.


We are selling my husband's truck. A month ago a person put a check deposit on the truck and said they would be back the following week to pay the remainder.

The following week they called to say they would have the money for another week due to a family illness but they still wanted the truck.

The next week we called again and they said they were looking into a bank loan and would call us the next day.

Needless to say, they are not answering our calls - it has been a month and we are selling the truck to another person.

Are we legally allowed to cash and keep the check (assuming it is good) and if it isn't to take them to small claims court?
 


JETX

Senior Member
jap2 said:
A month ago a person put a check deposit on the truck and said they would be back the following week to pay the remainder.
Was there ANYTHING in writing as to this sale?? If so, then you MUST follow the written agreement.

Are we legally allowed to cash and keep the check (assuming it is good) and if it isn't to take them to small claims court?
Were you 'damaged' by the buyers failure to purchase?? For example, did you have to sell to the second buyer for LESS than the first one??
If so, then you might be able to claim the 'loss' as damages.
If not, send the check back.
Heck, unless you are talking a lot of money here (enough to pay an attorney if/when YOU are sued), send the check back anyway.
 

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