Legal Question in Consumer Law in Michigan

Money refund on a concession trailor

I recently purchased a cons. trailor(w/plates) for 800.00 down, the seller placed a clause, no refund. However, no final date either for payment. I told him it would be between 2-4 weeks for my student loan/income tax refund. He is calling 3x/day stating he has it sold again and is going to keep my money. What rights do I Have?


Asked on 2/20/08, 4:47 pm

1 Answer from Attorneys
Renee Walsh LawRefs Nonprofit

Re: Money refund on a concession trailor

You have the right to sue him for your money back or specific performance. It appears that a contract was formed and that you have substantially performed your obligations under the contract. You are now the equitable owner of the property. He does not have the right to sell the trailer again. Furthermore, he cannot keep your money as this would constitute unjust enrichment. He has provided nothing in exchange for the right to keep the money. The no refund clause was arguably something that would have effect when the final payment was made.

If you sue him, he will be responsible for your costs and interest on the money owed. Furthermore, you might consider filing a police report and telling him that you will do so as he is arguably committing a fraud.

If you would further information, please contact me via my website at www.lawrefs.com.

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Answered on 2/20/08, 5:39 pm


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