Legal Question in Consumer Law in Illinois

Hello I am in Illinois. In March 2014 I wanted to purchase a used engine through a friend's mechanic(his shop). I was quoted $1500 for the engine and installation. I gave him $350 cash deposit with the intention of paying the remaining the balance with my April 2014 tax return. In the meantime, my friend had car problems and gave him $200 for her repair and parts. He disappeared and no one could get a hold of him. I finally stopped at his home May, 13, 2014 stating that I was not going to proceed with the engine repair and I would like my deposit back. He said he would check into it. I called him today May 22nd and he informs me that the shop is holding the deposit until they can find a new buyer for the engine. That seems awfully fishy and I'm not sure if that is even legal, especially it looks like he disappeared on purpose. Do I legally have a case. There was no written contract at all, let alone no notification that said if I didn't go thru with the purchase, they would hold my deposit until further notice. I think I had a good reason to break the contract considering how he disappeared after getting $200 from my friend, which to this date she has not received any money back and ended up junking her mini-van.


Asked on 5/22/14, 4:59 pm

1 Answer from Attorneys
Stephen Messutta

You can sue, but only for your money back, because a contract for any product or services over $500 must be in writing to be enforceable. Contracts can be terminated the way they are created (orally). However it's going to be a matter of proof -- proof of the deal, proof of your payment, proof that if you broke the deal and the guy claims damages (lost profit) he might not be entitled to it. But really, the problem here is that you may wind up spending as much on a losing case in court fees and lost time, and even if you win collecting from him sounds like it will be difficult too, and take more time and money. I'm sure $500 is not chump change for you, but in the court system, it is a drop in the bucket. You might have more luck going to the police with the gal who had the $200 taken, and report him as a scam artist. You may get no money back, but you may get some "moral" satisfaction. Then again the police may do nothing -- it's up to them.

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Answered on 5/23/14, 8:23 am


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