Legal Question in Credit and Debt Law in California

Deposit refund

I entered a verbal contract for the sale of my used car. The buyer and I agreed on a price and she gave me $100.00 deposit check to hold the car until she could get a check from her credit union. After two weeks of trying she could not get the financing and asked for her deposit check back. I refused and explained that I had been telling all potential buyers that the car was sold. She has now sued me for the $100.00 back. Does she have a case? Can I counter sue for the actual costs of the wasted ad and other expenses above the $100.00?


Asked on 2/01/01, 12:11 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Deposit refund

She only has a case if the deal was contingent upon her getting financing. If not, then you could counterclaim.

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Answered on 3/16/01, 11:12 am


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