Will I get my money back

[kennylamar42]

What is the name of your state? Alabama

I was trying to buy a 2 bedroom 1 bath trailer from a "friend" with no written contract and I have paid over $400 (I have receipts) so far on it and my transmission went out in my truck and couldn't pay on it for a few months but I never lived in it or was even able to live in it until it was paid off and really never did anything to it except clean it up a little one day. But now they are keeping my money and say I'm out that money since I haven't paid any on it in awhile...is there any way I can get my money back legally?

 

[quincy]

Maybe. You breached the terms of your oral agreement but the sale of the home needed to be in writing to be valid/enforceable if the purchase would take more than a year to be final.

 

[kennylamar42]

Maybe. You breached the terms of your oral agreement but the sale of the home needed to be in writing to be valid/enforceable if the purchase would take more than a year to be final.

Our entire conversation about the purchase is in screenshot at the link (link removed)and never once does he say that the money is non refundable until now. Check those out and then let me know if you think I can get my money back

 

[quincy]

Our entire conversation about the purchase is in screenshot at the link below and never once does he say that the money is non refundable until now. Check those out and then let me know if you think I can get my money back

I reported your post to the moderator so the link to your screenshots can be removed. Personal identifying information should not be posted to the forum.

What were the terms of your oral agreement to purchase the trailer?What was the purchase price? What was the $400 meant to cover?

 

[kennylamar42]

I reported your post to the moderator so the link to your screenshots can be removed. Personal identifying information should not be posted to the forum.

What were the terms of your oral agreement to purchase the trailer?What was the purchase price? What was the $400 meant to cover?

I deleted my last post...sorry about that...the 400 was 1/3 of the total 1200 I was paying for the trailer

 

[kennylamar42]

I deleted my last post...sorry about that...the 400 was 1/3 of the total 1200 I was paying for the trailer

The terms were that I was gonna pay 1200 for it but it wasn't livable so I would have to do some work to it before I could move in but couldn't do any work cuz he kept saying he had to get a storage unit to put it in...was able to clean one room...then once I paid it off and got the repairs done I would move in and pay 80 a month lot rent

 

[quincy]

I deleted my last post...sorry about that...the 400 was 1/3 of the total 1200 I was paying for the trailer

If the trailer was being sold to you for $1200, and you were supposed to pay a monthly amount to the seller until the trailer was paid for in full, and you failed to make the monthly payments as agreed, you breached the terms of the agreement. The seller is entitled to keep what was already paid.

Although I don't think you have a very good argument for getting a court to order a refund, it wouldn't hurt for you to ask the seller to refund your money.

I recommend you get any future agreements committed to writing and dated and signed by all parties to the agreement.

 

[Taxing Matters]

If the trailer was being sold to you for $1200, and you were supposed to pay a monthly amount to the seller until the trailer was paid for in full, and you failed to make the monthly payments as agreed, you breached the terms of the agreement. The seller is entitled to keep what was already paid.

I'm not sure that the seller is entitled to keep all of what was already paid. Unless the seller can prove that the contract stated no refunds in this situation the seller is simply entitled to his damages for the breach, which might be less than what has already been paid.

 

[quincy]

I'm not sure that the seller is entitled to keep all of what was already paid. Unless the seller can prove that the contract stated no refunds in this situation the seller is simply entitled to his damages for the breach, which might be less than what has already been paid.

Possibly.

I do not see a legitimate defense to the breach. Failing to pay as agreed because something else came up that required the money is not a valid defense. Payments on the trailer have not been made "for a few months."

But Kenny certainly can try for a refund.