So she backed out on the sale and said she won't return the $500 we deposited! (We were genuine buyers except the loan delays were out of our control). She said you can go to the court blah blah blah. I just find its very uncivilised. Like cultured people she could have saild, ';look we can't wait any longer and we'd sell the car to someone else';, instead she said ';I don't want to sell the car to you and I would keep the money!'; Arrgh. It is frustrating. It's saddening actually. In the long run $500 won't mean much but it is still a loss! It's just disappointing! Dont think a law letter of demand would help!
Any suggestionsHow to cope with cheating burnt out (Car sale fraud!)?
Why not take her to court? I would!How to cope with cheating burnt out (Car sale fraud!)?
This was not fraud, you signed an agreement that said you would pay within 48 hours. After 48 hours, the seller has every right to keep the payment and sell the car. No, it wasn't very nice for her to keep the money, but don't put blame elsewhere... YOU didn't fulfill your end of the deal.
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Take it as a lesson learned and move on, a down payment is just that, a down payment, and if you sign something, you are bound by the terms of that agreement. Don't spend money you don't have.
I think that you are screwed. that's why I don't buy cars from private individuals. The last time I did there was water in the oil. The previous owner know this and still took the money.
you had a contract that gave you 48 hours but did it say the deposit is non refundable it matters
Talk to a lawyer, after all she had your deposit and if she decided to not sell the car she should return your deposit. Once you deposit money on something, normally it is yours unless you back out, but only a lawyer will know for sure. You could attempt to take her to small claims court over the funds.
You signed a written agreement stating that you have 48 hours to complete the deal. A written contract cannot be modified orally (';we won't stick to that';). The only remedies you have are contained within the four corners of your contract (or receipt). You breached the contract, not them. Courts do not work on the basis of fairness, they work according to the law.
EDIT: How to buy a car outright, at any age. Buy a $1,000 car with cash. Avg car payment is $400/mo. Pay yourself $400/mo for 10 months. Trade $1,000 car plus $4,000 cash for a $5,000 car. Pay yourself for 10 more months and trade up again. Get it? It's called 'delaying gratification'. It's how the world used to work.
In 4 years, you will have a paid-for 4 year old car by buying on credit. By paying cash as you trade up, you will have a brand new paid for car in four years. In which situation would you be better off?
BTW, NEVER, EVER, UNDER ANY CIRCUMSTANCES buy a brand new car. You will take most of the depreciation. In 6 months, you are absolutely guaranteed to owe more on the car than you could sell it for. You can save 25% by buying last year's model.
Look through your states criminal laws and see if you can find one that applies. You can see those online at www.findlaw.com; link at top right corner. Also, review your states consumer laws. Here in CO there is a law that says if you sell a used item you are supposed to collect certain information. If your state has something like that you may be able to notify her that she broke the law and offer to extend mercy if she does the right thing. Look at taking her to small claims court. Some key phrases are ';force majeure'; and ';implied covenant of good faith and fair dealing'; which you can look up at www.wikipedia.org for use in your small claims case.
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