I sold my car on craigslist, she could not take it with her so she gave me a $1500 check (half) and was to give me the rest in a few days when she picked up. She called 3 days later and wanted to back out. I kept $300 and sent her a return check for $1200 but a month later she still has not cashed it. Can I cancel the check. What kind of liablity do I have? The car has since been sold.
Unless you had an agreement that allowed you to keep the deposit, it is not your money. You sold the car so unless you have some damages related to this second sale (meaning it was less that the original agreement), you have no losses. You have no right to keep the $300, much less $1500.
Either return the entire amount or risk a small claims case that you would likely lose. As a matter of courtesy, a real easy way to think about this is how you would feel if you were on the other end. Would you think it right to keep this money if you did not agree to do so? In short, if you sold your car to someone else for $3,000 you should return every penny.
This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.
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