Would you consider my situation a binding contract?
My son had his truck for sale. He was out of town, so we showed it to a gentleman, he left a 0.00 deposit, but had contingenties regarding the extended contract. I, as the mother wrote a receipt for the deposit of 0.00 toward the purchase price of the truck and signed it. I am not the owner, nor on the title. We could not make the man happy regarding the extended warrenty on the truck, he made some underhanded moves, by trying to contact the dealership where the truck was bought, and harrassed my son while he was at work, he was on a fire and was sleeping during the day. We were fed up with him, so told him that we were not interested in selling the truck at that time. Now he is threatening to sue us. Does he have a case?
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Tags: extended warrenty, gentleman, receipt, sleeping during the day
January 27th, 2010 at 4:38 am
If you kept his $500 and canceled the sale, then he absolutely has a case. If you gave him back his deposit, then he has no case. You can’t be forced to sell the truck to this guy, but you can’t keep his deposit and then not sell him the truck.
January 27th, 2010 at 4:38 am
only for the $500.
January 27th, 2010 at 4:38 am
It depends upon what was agreed upon when he gave you the $500. What was the exact agreement? If he gave you $500 to buy the truck in 3 weeks, IF the extended warranty said XYZ and the time period of 3 weeks had not expired — you’d have to keep the offer to sell it to the guy for the time you agreed to: 3 weeks. And, the condition that the extended warranty had to cover XYZ would have to be met for there to be a binding contract to sell it to the guy. You could not just void the agreement to sell to him under the $500 agreement, simply because he was annoying. The $500 agreement will bind you to sell to him if the conditions of the agreement have been (or still could be) met.
January 27th, 2010 at 4:38 am
Probably for the deposit, but nothing else.
January 27th, 2010 at 4:38 am
Gotta give him his $500 back, unless you put on the reciept that it was a non-refundable deposit.
January 27th, 2010 at 4:38 am
If you kept the $500 then he has a case. If you do not give him back his money he can sue you, and he might get 5 times more then he is out.