Deposit Returned. Am I further Liable?

[slal]

On behalf of my wife I received a $500 deposit for the sale of her mobile home. I gave the buyer a receipt for his check with the balance due at the end of next month. Before the sale my wife and I separated pending a divorce and she moved back into the mobile home and does not want to sale. I returned the buyer's check for $500 with a letter of apology. He's asking for $500 because he rented equipment to prepare the site he was moving the mobile home to. He is still going to buy a mobile home and put it on the site he prepared. Am I or my wife liable for the $500 that he's demanding?

[Mileaway]

There are a multitude of questions before your question can be answered acurately.

Let's start with a simple NO, well maybe...and here's why,

What were the cancellation terms of the agreement? Who signed the original agreement? Were you ONLY acting as an agent for your wife in the last agreement, etc. etc.

If this is a lot owned by you, read the terms of the prior agreement, was he authorized by anyone to make the "improvements" in writing BEFORE he closed the deal etc.? Who signed that agreement? He may owe you money to restore the property to the original condition etc.

If it was a lot owned by him. That pretty much makes his request for money a nice try. He's not out anything so there isn't any loss to recover.

Considering he is moving on to the property, in the same location he prepared, I seriously doubt he's entitled to anything beyond the terms of his signed agreement, but you'd have to provide more details of the agreement for a better answer, only you know the terms.

If you can't sort this one out between the three of you, you may want to seek the advice of an Attorney. That may cost you about half of what he's asking. The amount he's asking for probably falls within the realm of a Small Claims action in your state anyway.

It sounds like he's just trying to pay his expenses at your expense but again, what's in the agreement?

Don't take this as legal advice but based on the few facts you presented, personally, I'd tell him to pack sand.

Good Luck!

[mischastar]

I very much agree with Mileaway

You should have had a contract which was signed by both parties in order to make the transaction. If there was no contract then it doesn't seem like there are any grounds for a $500 reinbursement.

If you get into arguements then you should seek some professional legal advice but obviously you will understand the cost implications of this.