Posted by 135 Fan on November 15, 2008 at 19:26:47 from (24.70.95.205):
In Reply to: Re: Need some advice posted by IaGary on November 15, 2008 at 14:21:35:
I don't think he can sue for the tractor. 9 months is a long time but more importantly, the guy never paid for the tractor. All he paid was $500 and even if he wanted to sue you, I think the only thing he can sue for is what he's out, which is only $500. If you still got the same price you wanted for the tractor, you could show him that you really did need the money from the tractor and now that it is sold, return the $500 to show him it wasn't personal. If he gives you a bad time, tell him that you aren't obligated to return his deposit. $500 usually isn't worth going to court for. A lawyer would want $3000 up front as a retainer before he'd do anything. I really don't think you have any obligation to return his deposit. Whether it was in writing or not, you and him agreed that you would hold the tractor for a month. You lived up to your obligation. If it did make it to court, I can't see how any judge is going to make you pay back a deposit after waiting for 9 months. This is a rediculous amount of time. If you took a vehicle in to be repaired and even left a deposit, there's no way a shop would wait 9 months to be paid. They'd either sue you after 30 days or so, or sell the vehicle to recoup their costs. I'm not even sure if they'd have to give you anything back if it sold for more than the repair bill since they would be able to charge for storing it. No way they'd wait 9 months. Dave
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