Legal Question in Civil Litigation in Pennsylvania

Can I be sued if a told a buyer he could buy my antique car and he promised to mail a deposit. I got a better offer and also took a deposit from buyer #2 whom I gave a receit to. They are both treatening to sue me. Can I be sued and for what?


Asked on 6/01/11, 8:08 am

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

Oral contracts are valid and legal in PA. If you took a deposit from the first buyer, and promised to sell the vehicle to him, he could certainly sue you for breach of contract. If he never mailed the deposit, and a better offer came along, and I think you are OK with selling the car to the second buyer. Until and unless you receive the deposit from the first buyer, you can always change your mind. The only problem i see is 1) if he sent you the deposit and you took it; or 2) you entered into a written agreement with the first buyer to sell the car. If you took the deposit, it seems that the most you could be sued for is return of the deposit money. it is very hard and unlikely that a court would void the sale to the second buyer and and make you sell the vehicle to the first buyer. That would result in a long and drawn out legal battle. If you have not received a deposit from the first buyer and have not entered into a written contract with him, you probably can sell the car to the second buyer, whose deposit you took.

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Answered on 6/03/11, 8:34 am


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