Q: Do I have to give money back when a person pays a deposit down on a car to hold? He paid cash.
It's been 3 months since the deposit but he was supposed give us money in 2 weeks after that and didn't.
A:
When a person places a deposit on a car, the terms of that deposit should be outlined in a written agreement, including the conditions under which the deposit would be refunded or kept in the event of a cancellation. If there was an agreement that the remainder of the purchase price would be paid within two weeks and the buyer failed to do so, you may be entitled to keep the deposit as liquidated damages, assuming that was the agreed consequence.
However, this depends on the specific terms of the deposit agreement. If there was no written agreement or if the terms are unclear, the default rules of your jurisdiction regarding deposits and contracts would apply. You should review the circumstances of the agreement and consider consulting with an attorney to understand your rights and obligations in this situation. It's important to handle such matters carefully to avoid potential legal issues.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.