Legal Question in Civil Rights Law in Massachusetts

Down payment of used vehicle

We have a truck we want to sell someone gave us a down payment two months ago and now decided does not want to buy in the mean time he has broken the windshield and worked on the truck. Do we have to give him back all of the down payment? What legally is he and I entitled to?


Asked on 4/09/02, 7:17 pm

2 Answers from Attorneys

William McLeod McLeod Law Offices, PC

Re: Down payment of used vehicle

If it were me, I would not return the money - but I would also take a good look at the truck. A REAL good look. A broken windshield is open and obvious. However, you mention that he also "worked" on the truck. He could have stolen parts, replaced parts with malfunctioning parts - or could have just done such a bad job that the truck may not be driveable. Have a mechanic look at it - I would not recommend driving it. If there is nothing but a broken windshield, then you can thank your lucky stars. But if there is another problem, you should at least get a phone consult with a local lawyer - and then decide if you want to hire an attorney, or if you feel comfortable proceeding against this guy on your own.

Good luck.

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Answered on 4/09/02, 10:46 pm
Nance Lyons Law Office of Nance Lyons

Re: Down payment of used vehicle

It could be argued that by working on the truck and breaking the windshield, he has "bought" the truck. Youcould sue him for the agreed purchase price. I would not return any of the deposit. If he sues you to recover, you counter sue for full price of vehicle.

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Answered on 4/09/02, 7:35 pm


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