Legal Question in Consumer Law in Michigan

I was going to purchase a car and the seller and I had agreed on $7400. She knew we had to wait for a settlement check from AAA and a bank loan. I called her the next day and told her we were good with the bank and the insurance company. Today she informed me she had an offer for $7700. I have pasted in a text conversation and would like to know if there is anything I can do?

3/31/11 2:09 PM 23 minutes ago

Me: Hi Devon, Just wanted to let you know the loan has been approved. We would like to take the car to our mechanic Saturday morning if that is good with you. Greg 11:33 AM

13 more messages

+17348377315: I got an offer of 7700 this morning 11:55 AM

Me: So does this mean you will not be selling it to us? 12:06 PM

Me: The bank is ready and I don't expect our mechanic will find anything. We were hoping to have it wrapped up no later than Tuesday. 12:10 PM

Me: So we are talking $300. Can we split it and still have a deal? $7550 12:53 PM

+17348377315: I understand the situation, but my mom made a good point. Why would i sell it for less money AND wait five days? 1:56 PM

Me: Because you spoke with us first. 1:57 PM

Me: It's like good faith 1:57 PM

Me: I guess I would have to ask who you would feel if the situation was reversed. 5 days is not long. 1:59 PM

Me: You did tell us you would accept $ 7400 and we are willing to split the difference. 2:02 PM

+17348377315: I understand five days isnt that long, but you have to understand that i am getting offered more money right now. It isnt like you left a deposit and i am screw 2:03 PM

+17348377315: ing you over. I think reasonably speaking most people in my position would sell their car for as much money as they can 2:03 PM

Me: So if we match the offer? You also did not ask for a deposit. 2:04 PM

+17348377315: I didnt ask for a deposit because i wasnt sure if your situation was going to work out and i didnt want to tie up your money 2:06 PM

Me: You should have when I called you and told you that we were good. You knew we had the loan and insurance was setup. There was no question wewere going to get it. You said you were not worried abouth the mechanic. I would have brought you a deposit. 2:08 PM

Me: So if we match the offer? 2:09 PM


Asked on 3/31/11, 11:41 am

1 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

No. The car is gone and you should move on to another vehicle. Your offer was contingent on a mechanics inspection and they can withdraw the deal until it is made. Kliszlaw.com. Tim Klisz

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Answered on 3/31/11, 11:51 am


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