I Looked at a bike I saw on craigslist, liked it and made a deposit of 100 dollars after I agreed with the owner to pay the balance of over 3000 dollars if the bike passes inspection. I believe the bike passed inspection, although told otherwise by owner, he had re listed the bike on craigslist for a higher price. The owner had drafted a contract that we both signed and has a copy of the title and his drivers license attached to it. Legally, is there anything I can do to claim the bike due to or contractual agreement?

Yes, file a lawsuit for the return of your deposit and the delivery of the bike but be prepared to prove your allegations - that it passed inspection and he decided he wanted more money.

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Originally Posted by joboy

I Looked at a bike i saw on craigslist, liked it and made a deposit of 100 dollars after i agreed with the owner to pay the balance of over 3000 dollars if the bike passes inspection. i believe the bike passed inspection, although told otherwise by owner, he had re listed the bike on craigslist for a higher price. The owner had drafted a contract that we both signed and has a copy of the title and his drivers license attached to it. Legally, is there anything i can do to claim the bike due to or contractual agreement?

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I'm curious as to how your contract reads exactly. When was it written and signed? Does the contract outline your payment arrangement? For example: if your contract states that you will pay the seller $100 per month for the next 30 months, that's how you would arrange to pay off the balance. But if you wrote this contract in December and haven't given the seller any money since then, I don't see how he would be obligated to sell you the bike any longer.

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Originally Posted by this8384

I'm curious as to how your contract reads exactly. When was it written and signed? Does the contract outline your payment arrangement? For example: if your contract states that you will pay the seller $100 per month for the next 30 months, that's how you would arrange to pay off the balance. But if you wrote this contract in December and haven't given the seller any money since then, I don't see how he would be obligated to sell you the bike any longer.

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Contract says I made a $100 deposit and he will take the bike in for inspection, I will be responsible for price of inspection and pay the balance of 3000+, if the bike passes inspection. He called me to inform me that the bike failed state inspection. And I looked on craigslist and saw a bike that I believe is the one I made a deposit on.

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Originally Posted by joboy

Contract says i made a $100 deposit and he will take the bike in for inspection, i will be responsible for price of inspection and pay the balance of 3000+, if the bike passes inspection. He called me to inform me that the bike failed state inspection. and i looked on craigslist and saw a bike that i believe is the one i made a deposit on.

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So let me get this straight- you want to know what your legal recourse is against someone that may not even be the same person? Have you tried contacting the seller of the "new" bike to verify? Does your contract include the serial number of the bike?

Has the original seller returned your deposit?

Yes , it may not be the same person, but the new post had same primary reason "my seller" had for selling (was relocating to NY and can't ride much), the bike looked just like that of "my seller", main selling point was inspected bike and the post was for about 5 miles from my sellers LOcation(where I saw the bike.). When I saw all this, I suspected and sent a text asking if he could send a list of things that need to be fixed so I can show to a bike mechanic I know to get a quote and the seller and I can take it from there, I got nothing back from seller, then sent another text to my seller saying I was willing to purchase bike as is, and will pay the agreed upon price and he still didn't respond. Then I got a text from him saying he put my deposit in my bank account, I asked how he got my acct info , he said he went into a branch (I had given him the name of the bank I used when I still felt good about the deal), gave my name and my address and was given my acct #.

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Originally Posted by joboy

Yes , it may not be the same person, but the new post had same primary reason "my seller" had for selling (was relocating to NY and can't ride much), the bike looked just like that of "my seller", main selling point was inspected bike and the post was for about 5 miles from my sellers LOcation(where i saw the bike.). When i saw all this, i suspected and sent a text asking if he could send a list of things that need to be fixed so i can show to a bike mechanic i know to get a quote and the seller and i can take it from there, I got nothing back from seller, then sent another text to my seller saying i was willing to purchase bike as is, and will pay the agreed upon price and he still didn't respond. Then i got a text from him saying he put my deposit in my bank account, i asked how he got my acct info , he said he went into a branch (i had given him the name of the bank i used when i still felt good about the deal), gave my name and my address and was given my acct #.

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First of all, that is completely illegal for the bank to give him your account number without identification/proof that he was the account holder. He could have went into the bank, gave them your personal information and said he wanted to make a deposit into your account - that would be more likely. Have you checked to see if the deposit was actually made?

Stop sending text messages and start sending certified letters. Tell him that you would like a copy of whatever documentation he received showing that the bike failed inspection and if he fails to produce said documentation, you will file a small claims suit against him for the bike.