text: Reneging on sale of vehicle after buyer sent money - Q&A - Avvo
  Reneging on sale of vehicle after buyer sent money
  Asked in Long Grove, IL | June 7, 2015
  Long Grove, IL | 06/07/15
  Out of state buyer sent PayPal for vehicle i am selling. I told him by text message OK it's yours. Then a local buyer showed up with cash so I sold the car to him instead same price. I refunded the PayPal to the first guy. Now he is upset and wants to sue me. The car is gone, can't get it back. Does he have a case that I changed my mind?
  Posted June 7, 2015 1:32am
  Since you refunded the first buyer, the likelihood that he will sue you is small.
  Posted June 7, 2015 1:36am
  And by accepting the refund, or not tendering the money back to you, he might very well have tubed his own case.
  Posted June 7, 2015 1:35am
  You didn't just change you mind,nyou breached a contract. So, yes, he has a case. But I doubt he'll sue, unless you agreed to sell him a very eensive car for much less than it was worth.
  Technically you breached the contract, albeit not in writing as required by law.
  But the court won't make you give him the car you don't have and the person wasn't damaged, so let him sue you.
  Posted June 7, 2015 2:51am
  He's got a case and you have a problem if he picks a far away venue. Buyer has a problem in that damages are difficult to prove. See a Lake County attorney and make a decision as to whether you will do something proactive or wait him out.
  Reveal numbertel: 312-803-5820
  The elements of a contract are an offer, acceptance and consideration. By placing the ad, you made an offer, which was accepted by the purchaser, and there was consideration in the form of his payment in exchange for the car. When you sold the car to the other person, you breached the contract that was formed when the first buyer accepted your offer. The first buyer has a cause of action against you for breach of contract. In order to prevail, he will need to prove damages. He can do this by buying another similar car for a higher price and suing you for the difference between the price he was willing to pay you and the price he ended up paying. If he does not purchase another similar car, he will have difficulty proving his damages. Without damages, his suit will be dismissed. The good news is that it will probably be difficult for him to find an attorney willing to take his case, since his damages are questionable.
  Posted June 7, 2015 6:46pm
  Excellent analysis. The wild card, however, is the offer was rec'd in a foreign jurisdiction and so if he buyer sues in that jurisdiction, things become expensive and inconvenient. This is true even though I do not disagree with one word Mr. Kuhn wrote. That's why you need to spend some time on a strategy with which you are comfortable.
  Posted June 7, 2015 7:08pm
  Kudos to both of you gentlemen for taking the time and effort to provide your professional and sound advice, knowledge, and guidance pro bono. You do our beleaguered profession proud, in my view.
  Posted June 7, 2015 7:45pm
  Reveal numbertel: 312-763-6880
  Posted June 7, 2015 7:30pm
  Technically he could try to file suit against you for breach of contract. However, since you refunded his money, it is hard to see what his damages would be, so it is unlikely he would prevail. Moreover, litigation is expensive and time-consuming, which would further discourage him from actually suing you.
  Posted June 8, 2015 7:58pm
  Most likely he has a case against you. As you described the situation the two of you reached an agreement, he performed his end of the agreement by giving you the money and then you didn't perform your end. Assuming this is the whole story, it sounds like a pretty clear case of a breach of contract.
  But don't panic. Just because he has a case doesn't mean he's going to sue you. Lawsuits cost money and are always risky no matter how good your case may be. Further, if you refunded him his money his damages will likely not be very significant and therefore not worth the cost of starting a lawsuit.
  Again, assuming you have told us the whole story, I wouldn't worry for now. Bu if you get a notice of a lawsuit, hire an attorney right away.