Tips on Buying Cars: selling my used car, small claims court, snow flies


Question
I recently accepted an offer of $500. for a used car in my front yard, and agreed to hold the car for a week upon receiving a $100. deposit; I wrote a receipt stating I had received the deposit towards the total price, signed and dated it with my phone number and address. The purchaser called me 5 days after the initial agreement to tell me she would be able to pay for and pick up the car within 12 days instead of the initial 7 day agreement and no sooner- it has now been 3 weeks, and I have not heard from her. I do not have her phone number, she has not contacted me for two weeks. What are my legal obligations regarding her deposit, how long I am responsible for the vehicle if she never shows up? Can I put it back in to the front yard and sell it again, and if so- how soon? I'd really like to have it out of the driveway before snow flies...I am in a Rochester, NY suburb, if the law is state/county (Monroe) specific. Thanks for any advice, Shelly

Answer
Only a lawyer can advise as to your true legal obligations here, but I'd put the car back up for sale as soon as possible.  If you should sell the car to someone else and she shows up later, make it clear to her that you waited THREE TIMES LONGER than your originally agreed-to time frame, you hadn't heard from her and that it's unreasonable on her part to have expected you to wait any longer.  As to her deposit, if you should have to sell the car for any less than $500.00, you may be within your legal rights to withhold the loss from her; for example, if you sell it for $425.00, small-claims court would probably allow you to keep $75.00 of the deposit.  If you should get $500.00 or more, you MIGHT be able to keep some of her money for your inconvenience, but if it were me I'd just give her back the $100.00 and ask that she never darken your door again.  Small world: I, too, live in a Rochester, NY, suburb.  You know, where our landfill is!