Legal Question in Civil Litigation in Texas

My neighbor wanted to buy a motor scooter that belongs to my daughter and was housed in my garage. It was not listed for sale. He asked a couple times before my daughter agreed by phone since she lives out of state to consider a sale. I was working in my garage when he came to ask about the scooter. I said the battery was dead and needed charged but I had not gotten around to it. He asked to recharge it. The next day he came back with the battery and wanted to see if the scooter would turn over so I tried and was not able to get the scooter to start. Gas began to pour out of the overflow onto the garage floor, since I was in the middle of stripping a dresser, he asked if he could take it to his house to see if he could get it to start. He was able to start the scooter and later asked how much my daughter wanted. I told him the trade in value was $675. He offered 400 then after several more offers of 400 and being told 500 was my daughter bottom line. he went up to 450. He was told no. He asked me to throw in a helmet at 450. He was told no. Later that evening when I went to get the scooter to put it away he said I will take you up on your offer. I said what offer? 500? He responded "will you take a payment plan?" I said no. The next day his daughter came over and asked if I would take 450. I told her the scooter was no longer for sale. Later that evening I was approached in my driveway by his wife upon returning home and asked if I would take 500. I said the scooter is not for sale. She stated her husband was mad because we had a deal and I backed out. This morning I approached my neighbor and asked him to return the owner's manual and rear view mirror that belonged to the scooter. He said no and he wanted to be compensated for the time he spent getting the scooter to run. He said the work he did on the carberator alone would have cost me over $200. He tried to hand me a paper that I assume detailed his charges. He says he is keeping the mirror and owner's manual as payment for work done and he is filing in small claims court. Where do I stand on this?


Asked on 6/28/10, 11:27 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

He's wrong, and he's a thief.

If he sues you in small claims court, you should counter-sue. By the way, the filing fee in small claims court is about $100.

I assume that you never agreed to compensate him for working on the scooter.

You might consider filing criminal charges against him for stealing the mirror and the owner's manual (you might have trouble getting the police to be interested).

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Answered on 6/29/10, 10:21 am


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