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deposit refund with verbal agreement

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cy1315

Junior Member
What is the name of your state (only U.S. law)? Califonia

Hi everyone, I am wondering if I have to return $1000 deposit back to the buyer for an used car. A buyer gives me $1000 and then he took the car to auto repair shop for diagnosis and said my car could not have passed the smog check, which I already passed it at the certified smog check station and renewed the registration. He did not want it anymore after the diagnosis and I was gonna return his deposit back, but I found my car has engine light on so I refused to give him back the deposit and I blocked him contact because he threatened me he would file police report if I dont return. One month later I received the small claims lawsuit from him. I checked the califonian law and realized that my text messages saying I would return her deposit could be an verbal agreement binding by law. However, I did not know that my car has engine light on at the time when I promised him that I would return the deposit. Could this reason put the verbal agreement into unenforceable? I have a witness(middleperson between me and the buyer) who can prove that the car has engine light on after he took it to auto repair shop.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Califonia

Hi everyone, I am wondering if I have to return $1000 deposit back to the buyer for an used car. A buyer gives me $1000 and then he took the car to auto repair shop for diagnosis and said my car could not have passed the smog check, which I already passed it at the certified smog check station and renewed the registration. He did not want it anymore after the diagnosis and I was gonna return his deposit back, but I found my car has engine light on so I refused to give him back the deposit and I blocked him contact because he threatened me he would file police report if I dont return. One month later I received the small claims lawsuit from him. I checked the califonian law and realized that my text messages saying I would return her deposit could be an verbal agreement binding by law. However, I did not know that my car has engine light on at the time when I promised him that I would return the deposit. Could this reason put the verbal agreement into unenforceable? I have a witness(middleperson between me and the buyer) who can prove that the car has engine light on after he took it to auto repair shop.

All you're required to do is to provide him a valid SMOG certificate that is less than 90 days old. Did you do that?
 

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