Car Purchase Contracts – Private Party
I’m trying to buy a used car, from a private party. We filled out a Pre Bill of Sale that reads like this:
”I, XXXXXXXXX, am accepting a non-refundable $1000 deposit from–name removed—name removed–to purchase my 2003 Mitsubishi Lancer Evolution. Final Sale and transfer over of the vehicle will occur after receiving a full payment of $13,000 for the purchase of the vehicle from the buyer.”
It was dated and signed by both parties and I gave him a Cashiers check for $1000. Then I went through hoops to get the financing completed a check Fed Ex’d by the weekend (per his request) and he just called me because he decided not to sell it. Since he made my deposit non-refundable…does that make his agreement to sell non-revokable?
I need to sort this out asap..thanks
Re: Car Purchase Contracts – Private Party
It is not even the point that he wrote non refundable. He made an agreement and he can be required to fullfill his agreement. Maybe not by what we refer to as “specific performance.” Which require him to fullfill specifically what he agreed to do, that is sell you his specific car. He may only have to pay you the difference in cost of a similar car by way of your damages. It really depends on how unique the car is. Are there others? Are they more expensive? If so, he must pay you the difference in cost. It may require a lawsuit, however, and that may not be what you want at all. Try to work it out with him.
Sheldon G. Bardach
Law Offices of Sheldon G. Bardach
1305 Via Zumaya
Palos Verdes Estates, CA 90274-2821