Legal Question in Civil Rights Law in Oregon
Selling a car but wanting it back
I sold my car and took a $100 deposit. Now, I do not want to sell it. The buyer is threatening with time in court. What are my options?
1 Answer from Attorneys
Re: Selling a car but wanting it back
You can give the seller the car and get paid.
You can keep the car and return the deposit. The seller may threaten to sue you but is unlikely to do so. If he does, he would have to prove the existence of the contract between you and him (was it in writing?) and, if he proves it, would have to prove he suffered "damages" from your breach of contract. What were his "damages"? Perhaps you had agreed to sell him a car worth $10,000 for only $2,000. If so, his damages are $8,000. But it is unlikely you agreed to sell him the car for less than it is worth.
He could sue you and ask the court to require "specific performance"--that is, you have to give him the car (upon receiving full payment for it). But this remedy is discouraged, and he would have to prove that the car has some unique characteristic that cannot be found in any other car.
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