I posted my car for sale on the Internet. A man who was interested in seeing the car came and test drove it. He said he'd try to see if he could get some money together and get back to me. The asking price of the car was $2,500. He called a few days later asking if he could give me $100 as a deposit on the car. I said sure. We didn't discuss what that meant, but I made it clear that I wouldn't transfer the title or give him the vehicle until the balance of the $2,500 was paid. We set up a date and time for him to come to my house and bring the $100. He didn't show up. We set up another date and time. He didn't show up again. I then got a phone call from him late one night saying he was in my driveway with the $100. I wasn't home and told him sorry, I couldn't collect the money and I was no longer interested in selling him the car (I was fed up with him at this point). He was in my driveway and my 18 year old sister came home and he was harrassing her to take the money from him and wouldn't leave.
The following week I sold the car for $2,500 to a different person.
The first person is now suing me for breach of contract and $2,000 in "damages." Does he even have a case? No transaction of money occurred, nothing was ever in writing and I never even told him that had he given the $100 to me I would be barring anyone else from coming and paying full price for the car. In theory, even if I had his $100, I could have sold the car for full price to someone else and refunded him his $100, correct? The only agreement we had, if any, is that he would give me $100 and I wouldn't give him the car or title until he gave me the rest of the $2,500.
He didn't lose any money, why does he think I should give him $2,000?
This all occurred in New York.
Thanks for your help!
The following week I sold the car for $2,500 to a different person.
The first person is now suing me for breach of contract and $2,000 in "damages." Does he even have a case? No transaction of money occurred, nothing was ever in writing and I never even told him that had he given the $100 to me I would be barring anyone else from coming and paying full price for the car. In theory, even if I had his $100, I could have sold the car for full price to someone else and refunded him his $100, correct? The only agreement we had, if any, is that he would give me $100 and I wouldn't give him the car or title until he gave me the rest of the $2,500.
He didn't lose any money, why does he think I should give him $2,000?
This all occurred in New York.
Thanks for your help!