Hi,

I live in MD. I put down a $300 deposit on a vehicle, and obtained a signed receipt from the seller saying that I would purchase the vehicle for $5500 if it passed MD safety inspection. I typed this receipt up, and also got the seller's ID and other info. The receipt also specified that the sale was void if the vehicle did not pass inspection.

The vehicle did not pass inspection and the seller was told that $1200 repairs were needed. He told me that he would still sell if I split the cost of repairs half way. The effective price of the car would now be $6100. I considered and rejected his offer and moved on with a different vehicle. He agreed to give me my deposit money back (less cost of inspection, which I offered to cover).

When I went to get the deposit, he changed his mind and now says that I am legally bound to honor the initial $5500 price and will hold me to the original receipt. Because of his attitude and because I have found a better deal, I no longer want to purchase his vehicle. Can I back out and get my deposit back?

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Originally Posted by nsaw

EDITED REPOST
Hi,

I live in MD. I put down a $300 deposit on a vehicle, and obtained a signed receipt from the seller saying that I would purchase the vehicle for $5500 if it passed MD safety inspection. I typed this receipt up, and also got the seller's ID and other info. The receipt also specified that the sale was void if the vehicle did not pass inspection.

The vehicle did not pass inspection and the seller was told that $1200 repairs were needed. He told me that he would still sell if I split the cost of repairs half way. The effective price of the car would now be $6100. I considered and rejected his offer and moved on with a different vehicle. He agreed to give me my deposit money back (less cost of inspection, which I offered to cover).

When I went to get the deposit, he changed his mind and now says that I am legally bound to honor the initial $5500 price, that he will pay the cost of repairs, get the vehicle to pass inspection, and will hold me to the original receipt. Because of his attitude and because I have found a better deal, I no longer want to purchase his vehicle. Can I back out and get my deposit back?

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Thank you.

It certainly sounds like you covered all bases very well.

You have a signed, by both parties, receipt, saying you DO get your deposit back AND you DON'Thave to purchase IF it doesn't pass inspection.

You're SOLID! You did a great job!

This seller definitely owes you your money back and you are under NO obligation to buy the car.

Don't let him bully you. You have it in writing. If he refuses to give the money back, your only recourse willl be to sue him in small claims court. If you have the receipt as you say you do, you shouldn't have to say a word, you willl win hands down!

YOU DO NOT HAVE TO BUY THE CAR AS LONG AS YOU HAVE THE SIGNED Receipt AS YOU SAY!!

As long as there is no second agreement, and it can be verbal but that's harder to hold up in court, then that would change things. There was no other agreement right?

You did awesome! I'm really impressed! So many people just don't get it in writing and end up in a mess, but you did great! You must watch People's Court LOL!


If you have to take him to court, make sure you keep that reciept most importantly, remember where he lives (exact addresss), and you said you had a copy of his ID? Or did you juast see his ID? YOu'll need his name as well..

The police won't help you with this matter, unfortunately. You have to do this on your own, it's a civil matter. So don't call the police on him if he still refuses to give the money back. Just let him know htat you CAN and WILL take him to court to get the money back if you have to. And if what you're saying is 100% true, you can't lose!! I mean unless you disrupt court or something stupid...

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Originally Posted by passmeby

As long as there is no second agreement, and it can be verbal but that's harder to hold up in court, then that would change things. There was no other agreement right?

You did awesome!! I'm really impressed!! So many people just don't get it in writing and end up in a mess, but you did great!! You must watch People's Court LOL!!

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ONLY A WRITTEN CONTRACT/AGREEMENT CAN CHANGE A WRITTEN CONTRACT/AGREEMENT. Oral agreements CANNOT modify/change written agreements.

If the paperwork is as OP says it is, OP has a clear defense to not buying the car and the Court "should" (no one can ever be 100% sure) get his/her money back BACK the defense to not buying the car CANNOT be " Because of his attitude and because I have found a better deal, I no longer want to purchase his car."
Any claim for return of the deposit HAS to be based on the wording in the contract and nothing else. This statement opens the door to the OP's intent and that's a door OP does NOT want to walk through.

Exactly. He said the stipulation was that the car pass MD inspection and it didn't. So he has a solid defense.

Sidebar (LOL)... Judy, an oral agreement can't EVER change a written contract? I thought it could in some cases? If both parties admitted to it, I wonder if it would hold? But this is going off topic... although he did get his answers, perfect answers, unless he's leaving something out...

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Originally Posted by passmeby

Exactly. He said the stipulation was that the car pass MD inspection and it didn't. So he has a solid defense.

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Then I don't know what you mean by "As long as there is no second agreement, and it can be verbal but that's harder to hold up in court, then that would change things - "

An oral agreement would NOT change things.

Thanks so much, guys. The paperwork is definitely as I said -- he is using the paperwork to back up his claim, however. He now says that he will get the car repaired and inspected and sell it to me for $5500, as stated in the receipt, and that I am bound by the language in the receipt.

My problem is that he initially told me I would have to pay half price for repairs (half of $1200, $600), in order to purchase the vehicle. That increased the price of the car quite a bit, and so I decided not to take his offer. I found another car that is a better deal for me, even if he does give it to me at the original price. Thanks again.

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Originally Posted by nsaw

Thanks so much, guys. The paperwork is definitely as I said -- he is using the paperwork to back up his claim, however. He now says that he will get the car repaired and inspected and sell it to me for $5500, as stated in the receipt, and that I am bound by the language in the receipt.

My problem is that he initially told me I would have to pay half price for repairs (half of $1200, $600), in order to purchase the vehicle. That increased the price of the car quite a bit, and so I decided not to take his offer. I found another car that is a better deal for me, even if he does give it to me at the original price. Thanks again.

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What language in the paperwork is he using to back up his claim? Is there language about IF there are repairs or is it simply you don't have to purchase if it doesn't pass?

Again - if this goes to Court you have to stick with not purchasing because it didn't pass, not with any other reason or you will shoot yourself in the foot.

Thanks for all your help, Judy and passmeby. I succeeded in getting much of the deposit back from him today. You guys are great!!

Thanks for all your help, Judy and passmeby. I succeeded in getting much of the deposit back from him today. You guys are great!!

passmeby and Judy,
I'm new to this forum. Is there some way for me to give you points or credit for your help?

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Originally Posted by nsaw

passmeby and Judy,
I'm new to this forum. Is there some way for me to give you points or credit for your help?

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Click on the Rate This Answer button and choose Accurate

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Originally Posted by nsaw

Thanks for all your help, Judy and passmeby. I succeeded in getting much of the deposit back from him today. You guys are great!!!

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Much of the deposit? Why not all of it?