Oakley, CA asked in Contracts for California

Q: Sellers right to cancel contract to sell vehicle. Private party. Signed a sellers agreement. Less than 24hrs the buyer

Was inform that I’m not going to complete my side. I’m not able to pay off loan. Buyer now wants proof of amount owed and doesn’t want to take his deposit back. Threatening litigation.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Ralph Kramden used to threaten to send his wife Alice "to the moon!!!" People can threaten a lot of things, kind of like tots having temper tantrums. If you had a conditional agreement to sell based on being able to pay off the loan, then the buyer does not have any right or interest in the car. Of course, you should have found out what the loan pay off was before entering into a sale agreement, in the first place. I would think that an attorney specializing in Auto Lemon law would be able to advise you properly. The buyer will probably calm down when he realizes you can't sell him the care and are offering 100% refund on deposit.

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