So my parents were looking at the van that they liked and we made a deal with the seller. We gave him the down payment and would pay the full amount in a few days and pick up the car. He later called us the same night that we had made the payment and told us he changed his mind to sell it. Is there any legal action to getting him to sell the car? We had spent a lot of time researching and a lot of gas driving to his house to check out the car and now he does not want to sell it. Any way we can still buy it?
2007-03-03 14:44:18 · 16 answers · asked by VanMan 2 in Cars & Transportation ➔ Buying & Selling
If he returned the deposit and no paperwork was signed then most likely there is nothing that can be done. Especially if it was a private seller and not a dealership.
2007-03-03 14:48:36 · answer #1 · answered by T esira 4 · 2⤊ 0⤋
Unfortunately, as long as the person returned your parents' payment in full there isn't much you can do. Did your parents have a legal written contract with this person, stating that the sale was final? If not then there isn't much you can do. If your parents' money was not returned in FULL and they have a record of the monitary transcation with the person selling the vehicle, then yes you may be able to take legal action as long as your parents had a written contract that is. Also, in regards to the gas it cost to go look at the vehicle the seller does not owe that to your parents.
2007-03-03 14:52:02 · answer #2 · answered by Shannon A 4 · 0⤊ 0⤋
If you had anything in writing like a receipt for the down payment then you could prove that there was an agreement to sell which might allow you to take him to court & make him sell but if you have nothing in writing then it would depend on what he said,if he acknowledge there was an agreement of sale.Go to a solicitor for a free 1/2hr.Most do it free & you may qualify for legal aid depending on your case & circustances.Or you could consult at the citizens advice bereau.They would tell you where you stood legaly,if you should get a solicitor,what to do.You need legal advice & free is best initially.
2007-03-03 14:55:04 · answer #3 · answered by Poppypunto 4 · 0⤊ 0⤋
i own a shop and sell a few used cars once in a while,legally you cant force him to sell it,think about it for a minute,he might have decided there was something wrong with it,and decided it would be better not to sell it like this,there has to be a reason for what he did,and it might be in your favor on this one,id let it go and find another one i have known a lot of people that changed there minds about selling,and buying a vehicles,what if it was you who had changed your mind,and he wouldn't give back the down payment,this has happened before ,so id chalk this one up to experience,and find another one,good luck finding a good one, i hope this help,s.
2007-03-03 14:59:23 · answer #4 · answered by dodge man 7 · 0⤊ 0⤋
The reality is someone else gave him a better deal or more money. If you wanted to get back at him and you can't let it go. Go see if the van is still there try to find out who he sold it to and tell him you had a binding contract by the down payment. He isn't allowed to back out of the deal.......Sue the bum
2007-03-03 14:54:18 · answer #5 · answered by Uncle Red 6 · 0⤊ 0⤋
As long as he returned your down payment in full, he can change his mind and not sell. You could try small claims court to recoup your expenses for fuel and time but I seriously doubt you would win then you'd have to pay all the court costs
2007-03-03 14:55:45 · answer #6 · answered by Gordon S 5 · 0⤊ 0⤋
Depends on what state you live in. Some states consider a verbal agreement the same as a written one and then other states hardly acknowledge it. I would check with a lawyer in your area. Maybe the best thing to do is walk away from it. He probably has another buyer.
2007-03-03 14:51:08 · answer #7 · answered by edj009 3 · 0⤊ 0⤋
Did you have some kind of of sales agreement when you gave him the down payment??? If not really there is nothing that you can do about it. With now Sales agreement, he really doesn't have to even give back you the money, hope you got signatures.
2007-03-03 14:49:21 · answer #8 · answered by James Dean 1 · 2⤊ 0⤋
Get over it. At least he returned your deposit. If your in the market for a car, I'm sure you'll lose your mini van blues when you find a new love. For heaven sakes it's a mini van not a ferrari.
2007-03-03 14:55:00 · answer #9 · answered by steven s 2 · 1⤊ 0⤋
OF COURSE YOU CAN'T.
If he refused to give you back the down payment I would undersand your dilemma.
If you decided to sue him, what would your charges be? That he was mean?
Consider yourself lucky and raise the money to pay for a car in cash if you don't want to go to a dealership.
.
2007-03-03 16:17:07 · answer #10 · answered by rob1963man 5 · 1⤊ 0⤋