Does a reciept showing partial payment for a used car obligate the seller to complete the transaction?

Asked 12 months ago - Las Vegas, NV

Buyer 2 has reciept showing partial payment on a Used car. However Buyer 1 has a receipt for a higher amount dated several days earlier for the same car. Buyer 2 is threatening to sue seller based on the claim that his reciept is a contract to sell. Seller has since reconsidered and wants to keep the car

Attorney answers (2)

  1. Richard Edmund Hawkins


    Contributor Level 16


    Lawyers agree

    Answered . If the seller sold the same car twice, he is likely to be paying damages . . . Who he pays probably depends on the terms of the first contract. If the first contract wasn't written, we have what we call a "mess." If both contracts are evidenced by nothing more than partial receipts, we have a "real mess."

    Attorney fees to sort this out are likely to be more than anyone is awarded . . .

  2. Elizabeth Ahern Wells

    Contributor Level 11


    Lawyer agrees

    Answered . I agree with Mr. Hawkins. I also wonder if the receipts indicate whether or not the "partial payment" or deposit is refundable and the duration that the vehicle is to be held by the dealership and not sold as a result of the partial payment. Look at the receipts and any other documents that may have been signed at the time each buyer made their "partial payment". These documents may answer your questions.

    Good luck,

    Beth Wells

    This answer is for general purposes only and does not establish an attorney-client relationship. The law in your... more

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