Legal Question in Civil Litigation in Pennsylvania
If someone has paid $8,000 on an RV she bought from a private owner on layaway last December, and only owes $1,000, but has changed her mind because she thought it should be inspected and I promised only that it would be running, can she get her money back in small claims court? I asked the court, but they weren't allowed to tell me how cases like that go. The $8,000 is gone (I'm on a fixed income) and I would also have to pay the $171.50 court fee if I lose. She's the one breaking the agreement. I kept my end of the agreement. And I even offered to pay for the inspection and when she could repay me and pay the balance on the RV, we could transfer the title. If I had agreed to having the RV inspected throughout the layaway period, I would have had to keep it insured and registered. That was not feasible. As it was, to keep it running, I replaced two batteries in it, but didn't ask her to pay for them. She got the vehicle running. That was the agreement. Who will win if this goes to small claims court? Thank you in advance for your advice.
1 Answer from Attorneys
1. No lawyer can guaranty a court result. A judge will make a determination based on the evidence presented in court, & the judge's perception of the evidence & the law.
2. It sounds like the buyer may have what we call "buyer's remorse" & is just looking to cancel the deal.
3. I don't know if any written agreement was signed. If there is such an agreement of course that would be very important in determining the rights & obligations of both.
4. If there's no written agreement you would need to testify as to the oral agreement. My guess is the buyer will testify as to her interpretation, which may be that "running" meant inspected, or at least would pass inspection. Then the judge will have to determine what he/she believes was the actual reasonable intent of both of you.
5. If you're pretty confident that it will pass inspection, & offer to have it inspected, I think that will go a long way to convincing the judge that you're not trying to rip off the buyer by just selling something where the engine runs but there's a bunch of other problems.
6. Perhaps when you get to court, just before the hearing, just to get the deal done, you can offer the buyer to split the cost of the inspection. She can pay you the $1000 owed before she takes possession. She can take it for inspection. When she produces a receipt you can pay her 1/2 & then give her the title. If she agrees you can write the agreement & both of you sign it.
7. I can't guaranty results. From the facts you wrote it seems you have a pretty strong defense.
8. Hope the above helps. Good luck!!
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