Do I have to return a depsoit regarding a car sale that did not go through?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have to return a depsoit regarding a car sale that did not go through?
I accepted a deposit of $300 on the car I was selling. I gave a recipt stating that he had to return with the balance the next day. The balance and return date is on the reciept. I verbally told him several times but didn’t write it down that if he didn’t return then the car would be sold and he loses his deposit. He failed to return or call. I sold the car to someone else after that date. I missed 2 offers and more money during this time. He called 2 days later wanting his money. I told him he failed to hold up his end of the deal and I refused to give him the deposit back and now he is threating me.By law,do I have to return the deposit to him?
Asked on January 28, 2013 under Business Law, South Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Unless the $300 deposited with you was for an option to buy the car as opposed to a deposit where the buyer was to come up with additional money for the vehicle under the laws of all states in this country you legally are required to return the $300 to the person who gave it to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.