What are my options to get my down payment back?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my options to get my down payment back?
I did not receive a trailer on the agreed date of 9/30 after giving the agreed down payment of $1,000. On the pickup date, the seller told me that he could not sell me the trailer for another 6 months due to his P.O. officer said that he could not live with his girlfriend, and stated that the down payment is in a escrow account and could get it to me at anytime. We set a date of 10/01 for me to get my money, at that time he told me that it will take 2 months for him to get my down payment back to me. What are my options?
Asked on October 11, 2016 under Business Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Sue him in small claims court: suing is how you get money from someone who owes you but is not paying. The seller is in breach of contract--he violated the agreement to sell you the trailer. His breach allows you to treat the agreement--the transaction--as terminated and get your money back. However, you need a court judgment in your favor to compel him to pay: if he doesn't honor the judgment and pay after court, you can use the judgment to engage in collections against him.
By filing your suit in small claims court and acting as your own attorney "pro se," you can save legal fees. You can get instructions and forms from the court.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.