Legal Question in Consumer Law in California

Return of motorcycle down payment

My son bought a motorcycle for $3,400 from a private party. After discussing the matter with the seller it was decided that he would pay the full amount at the end of August this was in end of June or the beginning of July. Within a couple of days the seller called and wanted a $400 down payment which my son paid. About two weeks later he called again wanting another $300 which once again my son paid. Then a week or so later he called again wanting $1,500 within three days, my son said he could not afford to do that and that that was not part of the original deal. The seller hung up on him and he did not hear from him for about a week. When my son did get hold of him he told my son that the deal was off and he had already used the motorcycle as a down payment on another vehicle. He then stated that he would return $300 for the $700 my son gave him and would be keeping the $400. Is this legal? My son told him he would see him in small claims court. Is my son in the right on this matter or can the seller keep the down payment eventhough he breached the contract several time?

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