A
female
age
36-40,
*by
writes:Hi,i hope someone has a good advice for me in this case.I wanted to buy a car from owner but i did not have enough money.i saw the car and i talk to the owner about it;he ask me to give him what i have and i can bring him the rest and take the car with me after paying.i agreed,but another problem came up and i changed my mind.he has half of the money and the car.i only have the receipt.i told him that i change my mind,but he only agee to give me the money back if i allow him to get twenty percent from it.i do not see why,because i did not even touch his key,all i touch is the receipt.i would like to ask if it is legal to let him a percentage or if i should follow him to court for the full amount.thanks very much
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male
reader, honestman  +, writes (18 February 2012):
TAKE HIM TO COURT
YOU OWN 100% OF THAT MONEY
He didn't incur in any expenses on a car no one used.
If that 20% is not in the contract, you can SUE HIM.
He is just taking advantage of you!
Get help from your friends and relatives, and talk to someone that knows about law.
Good luck!
A
male
reader, Tom Obler  +, writes (3 February 2012):
 You will have to get legal advice really. I could suggest a few outcomes but it is better to get a valid opinion.
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A
female
reader, anonymous, writes (3 February 2012): Hi there,
I'm a trainee lawyer but unfortunately I'm not very familiar with US law (you haven't mentioned which state you're in so it would be impossible for anyone to tell you for sure anyway). The US system is however based on the UK common law approach so it may be similar. If so, once you've accepted the offer you are legally bound by it. In the absence of any pre conditions in the agreement you are not entitled to change your mind about buying the car - if you do the seller can keep the whole of the deposit.
Not the answer you were looking for and it may not even be relevant if the law in our state is different. Perhaps you could seek some sort of free advice from a local pro bono centre?
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A
female
reader, YouWish +, writes (3 February 2012):
 Take him to conciliation court immediately. You have a receipt for money and no contract that he keeps a portion of it. You can argue the case in court for a nominal filing fee, and it's worth it to fight for it.
Save all correspondence in writing. If what he has is large enough, you might seek legal advice, but if it's under $5,000, you might want to see remedy in the court on your own.
There is no legal basis that allows him to keep any portion of your money. You never used the car, and he is not licensed and bonded as an auto dealership with a written policy of having any sort of layaway or "restocking fee".
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A
female
reader, eyeswideopen +, writes (3 February 2012):
 Hell forget about court costs, just retaining a lawyer is most likely gonna run you more than that 20%. I'd chalk it up to a lesson learned.
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A
female
reader, tennisstar88 +, writes (3 February 2012):
 Seek professional legal advice. DC isn't a law firm.
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A
female
reader, anonymous, writes (3 February 2012): I agree with the first two answers. It probably will cost more to go to court than the deposit (depending on how much it was). Also unless there was a contract stating he could keep 20% if the deal fell through then no it's not legal.
I would speak to a lawyer and also even if you don't intend to go through with it, threaten him with court (try to be convincing) maybe that will get him to give you your money back.
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A
female
reader, So_Very_Confused +, writes (3 February 2012):
 Do you have a contract?
If not, will taking him to court cost more than the 20% he wants to keep?
Perhaps you should consult a lawyer and find out if you have a case?....
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A
female
reader, Honeypie +, writes (3 February 2012):
 Depending on how much money you gave him, it might be more expensive to take him to court.
Though unless he told you upfront that there was a "cancellation fee" he can't legally keep your money, as far as I know.
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