What to do if I agreed to buy a car from a friend’s father but now hat my partial payment back?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I agreed to buy a car from a friend’s father but now hat my partial payment back?
The total cost was to be $2500 which I was to pay in installments. While paying for the car, it has not been moved from the seller’s yard. I have not driven the car or legally claimed possession of the car. I had paid $1150, with a remaining balance of $1350. I have been trying to get in contact with the seller for about a month about re-adjusting my payments. I have not heard from him since my last payment 2 months ago. I have lost all trust for this deal. Is there a legal way to be reimbursed for my $1150?
Asked on January 7, 2013 under Business Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
An agreement to buy a car is a contract like any other--it is legally enforceable in court. If the seller has been complying with his obligations--that is, he has done any and everything to date which he is required to do--you cannot get out of the agreement or get your money back; and to the contrary, he could sue you for the rest of the money you owe him.
On the other hand, if has breached his agreement in any material (important) way--such as by not giving you possession of the car, if he was supposed to and you asked for it--that breach could provide a basis to treat the contract as terminated and recover the money you have paid. If he will not voluntarily return your money in this case, however, you would need to sue him (for example, in small claims court, where you could act as your own attorney) to recover the money.
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.