What are my options to get my down payment back?

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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 5 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.


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