everything below can be verified by text messages from buyer - verbal agreement to purchase my car - buyer dragged it out for over 3 months citing new job obligations and other excuses - agreed to send a deposit check to hold car - text me over and over that it was in the mail - i never received it - buyer then backed out of deal via text with no explanation - all the time waiting on buyer was time vehicle was not advertised for sale - would sue only for agreed upon deposit and fees associated with posting vehicle for sale
Maybe you have an agreement with the text messages, which are admissible. But are you really going to bring a whole case for this? One would have to see the messages to evaluate the case. But probably you should move on and just sell again.
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