QUESTION
I signed a contract and gave depsoit never got car
Asked on Sep 18th, 2013 on Civil Litigation - New Jersey
More details to this question:
I signed a contract with private person for a car. I gave a $2,000 for a $4,500 car. I had 60 days to pay the balance. Contract never said if balance was not paid in 60 days I would lose deposit. I came back in 90 days.The owner said he sold the car and would not give me back my deposit. What legal recourse do I have? Did the owner break any laws? Do I have a civil case?
1 ANSWER
What does the contract say, exactly, about this situation? Time is not of the essence in most contracts, so seller who sells to another buyer usually has a problem with breach, in the absence of notice or some provision in the contract. You should get you deposit back and tell seller you won't sue him/her for the return of the deposit. Key issue is what is reasonable under the circumstances, and you and seller disagree on what that is.
Answered on Sep 23rd, 2013 at 3:25 PM