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Q: I had a old mobile home for sale for $1,700. ,i needed to sell it quick because i had just lost my job of 8 years and i needed the money and i also needed the space to put another mobile home in 30 days.So this guy came by and said he would put $500. down ( we signed a piece of paper saying $500 deposit nov,2nd,2009 and that i would hold the mobile home until his friend looked at it and said if it was stable enough to move. So the next day he called and said it could be moved so i asked him if i could use the money to pay bills i needed to pay and he said sure and that he definitely wanted the mobile home and he would give the rest of the money in 2 weeks, he gave me the run around for over 3 months after that ( he didn't answer my calls for weeks ,then when he did he said he'll have the money the next day then he wouldn't answer the phone again for weeks,he even got me to come to his job to pick the money up and hid in the back and wouldn't come out so i left).So after that on Feb 8th i sold the mobile home for $1,000 because i needed it gone.I have a copy of the ad i placed on craigs list saying the mobile home needed to be moved before Nov. 30th 2009 and phone records showing how many times i tried contacting him to get the rest of the money after that and the mobile home moved. Now 3 1/2 months later he calls me on Feb 12th and says he wants to give me the rest of the money and wants the mobile home ,i told him i already sold it.Now he calls my house non stop ,leaving rude messages on my answering machine,telling me i'm scamming him ,when he's the one that hid for 3 1/2 months from me and lied to me.So after all that my question is what do you think i should do ? I honestly dont have the money at once anymore but i told him i would give back $250 next month and $250 the month after which i think is fair since he made me wait almost 4 months for my money. But he doesn't want to wait and i think he might take me to court,do i even have a case ?And is there anywhere that i can get free legal advice ?Thanks sorry this is so longOk thanks , i understand i told him i would pay him back but he also told me for 4 months he would give me the rest of the money . I also had purchased another mobile home and was waiting to put it in the spot of the mobile home that he was buying ,thats why i needed it moved within 30 days ,not 4 months later. I also had to pay $250 a month lot rent to the people that own the land for the 4 months that he was hiding from me. I needed it gone within 30 days but i was tyring to be nice and hold it for him.

A: You wont be able to receive any reliable free legal advice for small claims breach of contract related claim. In order to protect yourself you should have sent him written notice that if you did not receive payment in full for the trailer and its removal by a designated date, the sale would be null and void and that you would refund him his $500 out of the proceeds of the sale.His giving you the runaround really is not relevant to his entitlement of the prompt return of his down payment, and regardless of your financial needs, you had no right to use the proceeds of the sale for personal use and not use $500 of it to return the down payment.As a practical matter however, he would have to be an idiot to file a claim in small claims court if you are offering to repay him in full in the next 2 months. He wont get the money any sooner with a judgment in his favor. It's just a piece of paper unless and until he files for a method to forcibly collect payment for the judgment such as a writ of garnishment on your wages (assuming you are employed now) or a levy on your bank account (assuming there are sufficient funds to levy). To be honest he sounds too stupid to know how to even begin go about doing either.When you return the money to him make sure there is a paper trail such as a check or a receipt signed by him for each payment.Lawyers may post "answers" to legal questions at www.avvo.com, but in terms of reliability, both the site and the lawyers who answer questions at the site explicitly disclaim any client relationship with you, i.e. they are disavowing any liability to you if the advice they give ends up being bad advice or is wrong on the law (in point of fact, they assert that the answers they provide do NOT constitute legal advice so the site does not provide free legal advice).In addition if you do not provide a jurisdiction, there is no way anyone can give you a definitive answer because the applicable laws can vary from state to state in subtle or not so subtle ways that may change the answer considerably.


 

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