Legal Question in Legal Ethics in Michigan

I sold an old car for $800.00.the man gave me $100.00 to hold it I have a receipt it is not dated or the amount of car is not on it.I have changed my mind and do not want to sell it.Am i bound by this verbal agreement.My decision was based how rude and degrarding the were to me and after I thought about it I decided I didn't want to be treated that way.


Asked on 8/05/10, 1:31 pm

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

You have a receipt? Does the buyer have a receipt? Did you spend the $100? Have you offered it back to the buyer in return for recission of the contract?

You may not want to be treated rudely, but if you agreed to sell the car, and the buyer comes up with the balance of the money, within a reasonable time, then you are obligated to sell the car to him.

If, on the other hand, he doesn't contact you or present the balance of the money for a really really long time, then you may not have to sell the car to him. You have painted yourself into a corner with a contract that lacks some essential terms. You may not be able to sell the car to anyone else, so long as you are holding his deposit. Are you still driving the car? Can you use the car for the next 2 years and he is still bound to buy the car at the agreed upon price? Either of you can take the other party to small claims court. The judge will listen to both of you testify and consider what you are asking the court to do....then the judge will determine the facts, apply the law to the facts of the case...and tell you how the problem will be resolved. You may both end up unhappy with the judge's decision. An attorney would write him a letter asking him to state his intent...this is a good place to start.

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Answered on 8/10/10, 6:51 pm


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