I'm selling my car "as is" (in california), last friday a couple came to see the car, for their 18yr old son. They told me to take the ad off (from a site) cause they're buying the car but they want their son to see the car first. They even wanted me to sign the title over to them, but I didn' t do it. Instead they gave me $100 deposit, so I won't sell the car. The car wasn't smogged, they said they would take care of it. During the weekend, they changed their mind and wanted us to smog it.....which we did...it cost $50. Then on Monday they decided they're going to show the car to a mechanic, which was fine...i never had a problem with the car. The mechanic said it needs new rotors and there's something wrong with the axle. So, they decided not to buy it and want their money back.......is that right? First of all, the car is worth$2500 and I was only asking $900 so, I could hurry up and sell it cause of financial hardship. Would you give them their money back?
2006-08-21 13:47:44 · 15 answers · asked by purelyprecious1@sbcglobal.net 2 in Society & Culture ➔ Etiquette
I could have had the car sold by now......everyone who responded about the car I already told them it was sold. So, now I'm back at square one.
2006-08-21 14:00:43 · update #1
In my view, from what you have said, they are very manipulative and pushy people. The point of a $100 deposit in this case was so you wouldn't sell the car. So, it's basically yours to keep in my opinion. I don't know the law in this case, but in my opinion the $100 is yours. When they asked you to smog the car, that also implied that they were intent on buying it. ( asking somebody to make improvements to something you aren't going to buy would be just wrong. It's basically a means of haggling your price down $50, and already underhanded in my opinion. It would have made more sense to knock $50 off the price at time of closing, than pay for that out of your pocket. )
Since the deposit was to ensure you didn't sell the car, and you didn't. Then you earned the deposit by not selling the car. Then it was up to them to decide whether or not they pay the remainder to buy the car, or if they pass on the car. It was their choice to hold the car with a deposit without knowing the condition of the car. It was a mistake on their part, but it's their mistake, and therefor their mistake to pay for.
The only sticky parts in my view are A. if they try to say in a few days time, that they want to buy the car. If you've already sold it at that point, they could lie and say you sold it out from under them. B. if you made any assurances as to the working order of the car that would condradict what the mechanic found wrong with it.
Good Luck! :D
2006-08-21 14:21:41 · answer #1 · answered by moment_in_passing 3 · 1⤊ 0⤋
think about why they gave you the $100. They did it so you would hold the car for them. The fact that the car had faults they didn't know about is completely irrelevant. They entered into a contract with you which obliged you to not sell the car, and in return you would be paid $100. you havent breached it the contract: the money is yours. If they want it back, let them sue (they wont: a suit will cost them thousands before it even gets to the point where they lose).
You're in the right. Keep the deposit. If they harrass or threaten you, they're probably breaking the law (depending on the law in California), and you should call the police. Good luck.
2006-08-22 10:28:55 · answer #2 · answered by dave_eee 3 · 1⤊ 0⤋
I personally would not because they sound like real skunks and you bent over backward to not let anyone else buy it and to smog it for them (even though it would have to be done eventually). However the law of your State may see it otherwise. Maybe you do owe them the $50 for the smog but if it was "as is" it seems to me they took a step further into the negotiations by demanding you do that, so now it's possible they can't back out or if so forfeit the deposit. It may depend on whether the $100 was understood to prevent another person from buying or as part of a downpayment, whether you said you'd apply the deposit to the purchase or not, and whether you had more people as witnesses to your side of the story. Let's see what an attorney has to say about it. I found this in "open questions", so if you put it in "cars", try re-categorizing it in "legal".
2006-08-21 21:02:29 · answer #3 · answered by Anonymous · 1⤊ 0⤋
I would not give them the money. They made a deal, money changed hands and I don't believe you are legally responsible for their afterthought. Sell the car quick. Is there a record of them giving you the money? After all, the car IS a bargain anyway.
2006-08-21 20:54:33 · answer #4 · answered by *Larry P. he's for me* 4 · 1⤊ 0⤋
A deposit is given because the buyer is going to buy your car. If the buyer changes their minds legally the deposit does not have to be given back.
2006-08-21 22:23:22 · answer #5 · answered by cin_ann_43 6 · 1⤊ 0⤋
I wouldn't give it back. If you do, only give $50, because you are out that due to them. For future reference, never consider a car sold until ALL the money is in your hands.
2006-08-21 20:56:00 · answer #6 · answered by clarabel_s 2 · 2⤊ 0⤋
Sounds like you get to keep their money, because that's what a deposit is for.
2006-08-21 20:54:27 · answer #7 · answered by Maureen F 3 · 1⤊ 0⤋
Give them back their money and take out another ad. It's the right thing to do no matter how ridiculous they acted
2006-08-21 21:15:40 · answer #8 · answered by Anonymous · 0⤊ 1⤋
I would I can't be bothered with people like the ones you explained I would just want them out of my life
2006-08-21 20:54:51 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Keep the deposit because they reneged on the deal.
2006-08-21 21:14:27 · answer #10 · answered by Anonymous · 1⤊ 0⤋