Legal Question in Civil Litigation in California
We put a down payment on a Dune Buggie with a private seller and he signed a paper stating that he sold us the buggie. The agreement was that when we picked up the Dune Buggie on Sunday that we would pay the balance. The seller called back and said he changed his mind and that he didn't want to sell it to us and intents to refund us the down payment. Does anyone know if the sign paper is a legal document or just a gentlemen's agreement? Can I do anything legally to get the buggie?
1 Answer from Attorneys
It would take a review of the document to be sure, but it sounds like you have an enforceable contract for sale. If he will not sell it to you as agreed, you can either sue in superior court for specific performance, meaning he must go through with the sale, or if you can find a reasonably identical dune buggy, you can buy it and take him to small claims court for the difference between what you agreed on and what you had to pay for the one you got. The down side to a specific performance case is it would take time and money. The down side to getting another dune buggy is that it must be substantially the same as the one he sold you.
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