Legal Question in Business Law in California
Non refundible deposit
I put a $7,000 deposit on a 2001 996 Ducati motor cycle. This was a oral contract to start with. When I went to pick the bike up, the owner told me it had been wrecked. So, I demanded my money back when he told me ''Well, I will give you $6,000.00 back, I am keeping a $1,000 deposit'' Now, I had added new parts to the bike before being able to pay and pick the bike up. I told him I wanted the parts if he was going to keep $1,000. He refused and wrote me a check for $6,000. When I put the check in the bank, it bounced. I filled a police report for the $6,000. The deposit was never disscused orally or in writing. So what do I do about the $1,000 he did not write on the check?
2 Answers from Attorneys
Re: Non refundible deposit
You used very poor judgment in giving somebody $7000 without even getting a receipt, let alone a written bill of sale. You will be lucky indeed if you ever see the $6000.
Re: Non refundible deposit
If you ever get your money back it will be through the police, and civil court where you need to sue him.
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