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Martini95648 · Jun 13, 2010, 11:25 AM

My boyfriend and I purchased a motorhome on that day we cleaned it and got it ready for it to be moved, it would not start. The keys were lost and the batteries were dead. We drove to a locksmith and he couldn't come out until the next day so we set up the appt. we also removed the battery so we could charge it at home. The seller wrote us a sale contract we all signed it, $200.00 given that day (but I offered the full $900.00) and the remaining $700.00 to be given the next day when we picked it up. Late that night he called and said he "changed his Mind". He wasn't going to sale it. I have sent out a certified letter for "Demand of Satisfaction" on the contract. I have informed him I am taking him to court if he does not satisfy our contract. Do I have legal grounds, I want the motorhome not the deposit back.

JudyKayTee · Jun 13, 2010, 11:45 AM

If you both entered into a contact (and it appeared you signed) and you both met the terms of the WRITTEN contract (you cannot amend a written contract by oral agreement - for example, if the contract says $900 deposit and you gave him $200, whether he agreed or not, you did not make a contract), yes, you have a legal action. In the event he takes it back he owes you for your expenses - cleaning, locksmith, whatever else is involved.

What would I do? I'd give him a legal fight, arguing that you HAD a valid contact and you operated under the belief that you had a written contract.

So far you're doing all the right things.

Martini95648 · Jun 13, 2010, 11:55 AM

yes, we have the written contract that says ; "This is a receipt for a motorhome Lic# --------. Motorhome is "sold" for $900.00, Motorhome is sold in it's "AS-IS" condition with no warranty, expressed or implied.
Deposit of $200.00 has been given as depoist with $700 as the balance.
$700 due when title is transferred.

X------------signed by all three of us.

Martini95648 · Jun 13, 2010, 11:57 AM

I don't want the depoist, big deal to me... I want my property ie: Motorhome.

excon · Jun 14, 2010, 07:02 AM

Hello M:

It's not YOUR motor home until the deal is done. If you sue him, all you're going to get in your deposit back. He can't be MADE to follow the contract.

excon

Fr_Chuck · Jun 14, 2010, 07:21 AM

Sorry you may not get the motor home, you may get your deposit back, the cost of all of your time and trouble, and even if you find a similar one that costs more, the difference in cost.

Also if they found another buyer who paid more money, you may even sue for the profit in it.

Often a law suit actually filed will get them to sell it.