Legal Question in Consumer Law in California

A friend of mine had a vehicle for sale and wanted payment up front with the exception of $200.00 which was given when the contract was written so that the car could be smogged and licensed. The contract stated that if I was unable to pay the remaining $1100.00 in a lump sum the $200.00 would be returned. I notified her within a week that I would not be alble to come with the lump sum due to an emergency. A few days later she and her husband show up and said they had decided to go ahead a take payments. Three payments were made within the next three weeks and there was a balance of $200.00 remaining which was to be paid the following week. They were to keep the car until payment was made in full. The following week I call to let them know i had the final payment. She said great we will be over in a couple of hours to pick up the payment and deliver the car. Guess what, no show, no car. When I was finally able to get in touch with 4 days later she said that her husband had decided that since I did not pay in a lump sum he was not selling the car to me. It has been 6 months and no car and no money back. What are my legal options and was the law broken?


Asked on 11/03/10, 3:37 pm

1 Answer from Attorneys
Joe Marman Law Office of Joseph Marman

Yes, they broke an oral contract. Get proof of your payments and the contract and sue them in small claims court. Ask for punitive damages on top of the contract price to punish them for their bad faith breach of the contract.

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Answered on 11/08/10, 3:44 pm


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