Legal Question in Consumer Law in Vermont

Sale

I sold a camper to a friend. $1,000 was put down and 500 paid 3 months later. There was no signed agreement just verbal. She was suppose to pay the rest at tax time. Now she has not. I have stored it for 7 months, winterized it and paid insurance on it. If she does not pay this do I have to pay her back. I had a loan I paid off to get my title. I do not have the 1,500 to pay her back. Now it has depreciated another year. What do I do? I have been very understanding with her. Every time I ask for a payment she has another excuse. I feel as if I have been taken advantage of. She was suppose to pay on it over the winter and pay the balance with her tax return. Thank you for your help


Asked on 4/27/07, 1:11 pm

2 Answers from Attorneys
Vishwa Arya Arya & Co.

Re: Sale

For you to retain or forefeit money would be against the principle of unjust enrichment unless agreed in writing.

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Answered on 4/27/07, 3:30 pm
Regina Mullen Legal Data Services, PLC

Re: Sale

You were not supposed to spend the money she gave you as a deposit. If should have been either a written agreement permitting you to keep the money if she didn't follow through, a rental agreement or something else which implied that you were entitled to keep the money.

Until you transferred title, you owned it, so you were responsible for it.

If she wants to call it a day, you can negotiate this with her, because her inaction prevented you for selling it to someone else, but it's not at all clear what her right to the money is.

You should mediate this, since she's your friend, rather than hashing it out in court. Neither one of you is in a superior position here, because both of you are out of pocket.

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Answered on 4/27/07, 1:15 pm


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