Legal Question in Civil Litigation in California

My daughter gave a girl $500 as a deposit on a vehicle so our mechanic could look it over before she agreed to buy it. The mechanic said it was not worth the money. My daughter has had the car for a week and the girl asked to come and get it today after an agreement for purchase could not be reached. When my daughter asked for the money back, the girl informed her she had spent it. We have the car, but no title and none of this is in writing, just text messaging. What should we do?


Asked on 1/05/12, 5:29 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

If you can't negotiate a resolution, you can file a small claims suit for recovery of the money and return of the car.

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Answered on 1/05/12, 10:09 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Nelson. Additionally, you should get copies of the relevant text messages to prove that an agreement was entered into, albeit not a signed written agreement on paper.

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Answered on 1/13/12, 10:05 am


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