Legal Question in Consumer Law in Minnesota

Seller backs out of agreement to sell vehicle

I see a 1995 Suburban with ''For Sale $3500.00'' I call and arrange to look at it. I looked briefly and returned the next day with a mechanic which cost me $75.00. Mechanic said it was a steal. I offered $3350.00, the owners son told me his parents were out of town and he called them on their cell phone. I spoke with the mother, she refused to take $3350 so I agreed to pay $3500.00. She said we could take care of the tiel transfer when they returned in 2 days (Monday). I was worried it would be bought out from under me by someone else so she told me to put some money down ($500.00) and have her son give me a receipt, which he did. Monday morning the father calls and said they decided not to sell it because they still need it. I was upset and said I was going to take them to small claims court for breach of contract. Monday evening the mother calls me and starts yelling at me and used some profanity because I refused to give in. She hung up on me. She calls me back an hour later and says ''OK, we'll sell you the suburban, but we didn't tell you on Saturday that the tires and rims do not go with it for that price.'' They want to replace with bald ones. Will the courts force them to honor our agreement? I want that vehicle. Thank you


Asked on 9/09/03, 3:09 pm

1 Answer from Attorneys

Ronald Lundquist Law Offices of Ronald Lundquist

Re: Seller backs out of agreement to sell vehicle

The following commmunication is legal information and not legal advice and it does not create an attorney client relationship.

A deal is a deal. They are in breach because they are not honoring the bargain. The fact that you put money down and received a receipt is strong evidence that an agreement was reached. If they change the terms of the deal by putting on bald tires they should reduce the purchase price by the difference in value between the tires they want to put on and the tires that were on when the deal was made. A closer examination of the facts would be needed to say more but I believe you are in a strong position. Good luck.

Ronald J. Lundquist Esq.

651-210-3105

[email protected]

www.rjlundquistlaw.com

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Answered on 9/09/03, 8:27 pm


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