Legal Question in Civil Litigation in Georgia
I flew to another state and gave a deposit to a private party to purchase a motorhome and received a deposit agreement with the balance due. The following week when it came time to conclude the purchase, the seller gave me a bunch of excuses why he couldn't complete the sale but i found out he sold it to another party. The seller returned my deposit with a note stating that "cashing the returned deposit check removes him from any and all liability for the sale of the motorhome" My expenses came to over $2000 to conclude this sale and I told The seller I wanted my deposit back plus the exspenses or the difference between what he would have sold me the motorhome for and what he actually sold it for [I think he sold it for more money], whichever was greater or I would seek criminal and civil action against him. My question: If I cash the returned deposit check, does that negate my ability to seek legal action against him to get the money I asked for? Thank you
2 Answers from Attorneys
First of all, you can't seek criminal action, so don't threaten that. The improper threat of criminal prosecution can cause YOU to be prosecuted.
Consider yourself lucky that you got the check. OIne should NEVER go to another state to purchase a motor home or any vehicle. That is asking for problems. Always buy locally.
Unless your agreement specifically contains language allowing you to sue for incidental expenses, you probably cannot. Since we have not read the agreement, I can't address that and you would need to discuss that with a lawyer in his state. Bear in mind that you would spend FAR more than $2000 to retain a lawyer, and you'd have to keep travelling there, so suit likely isn't realistic.
The bigger question is what do you really expect to do? What will your expenses be in traveling to another state, filing a lawsuit there, perhaps going back a couple more times for hearings and a trial (even if you could do it in small claims)? What is your time worth in doing all that? That is, of course, IF you can prove actual damages and IF there is a breach of a contract (we don't have it). Your decision to purchase something out of state, and incur things like travel expenses, is not the fault of the seller - that is your cost of doing business. If all of this is something you want to risk, you can tear up the check and risk losing that too.
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