Legal Question in Civil Litigation in New York

I gave an aquaintance a deposit on a used car in august with the understanding that I would pat the balance gradually as I had it. Two weeks ago I informed the seller that o had the final balance and was ready to consumate the deal. She then told me that she needed to use it for a week or two because her other vehicle was in the body shop. I stayed in touch keeping updayred on when her car would be dine and I could have the car. Then she informed me that she could not let me have the car because her sister needed to drive it when she came to visit from las Vegas. I told her thatni was disappointed but that I would wait and asked when that would be. She told mr I don't know she has no plans yet. My question can I sue her or somehow compel

jet to go through with the sale ? The only paperwork is a receipt for my initial deposit.


Asked on 10/11/10, 1:33 pm

1 Answer from Attorneys
Carol Ryder Law Office of Carol Ryder PC

I cannot fully answer this based on the facts but remember that Small Claims Court is for monetary damages, not to compel a sale. And, she can, and probably will, argue you never paid her for the car, apart from the initial deposit, so you could walk out of there with just a refund of that initial money and no car because the burden of proof is on the Plaintiff (the one who sues). Under NO CIRCUMSTANCES should a person EVER pay cash for anything without a receipt. Before I was an attorney, when someone would get annoyed for me asking for a receipt (such as the $2,300 cash I gave a friend's husband after he cut down a lot of trees, albeit at a great price), I would jokingly say I regularly watch The People's Court and Judge Milian just drilled into my head that "cash does not leave this hand without a receipt being placed in the other hand" (she says that a great deal).

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Answered on 10/17/10, 10:09 am


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