Retrieving Deposit From Seller

Summary

The user, a Michigan resident, made a $5000 deposit via wire transfer to a car seller in Salina, KS, with the intention to purchase a classic car. After driving over 900 miles to see the car, the user realized that physical limitations would prevent him from using the car and decided not to proceed with the purchase. The seller refused to refund the deposit, claiming that the car had been taken off the market and potential sales missed. The user has sought help from the Attorney Generals office and multiple law offices, but has not received any assistance. The user has proof of the wire transfer but no written agreement about the deposit.

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Seeking legal counsel to retrieve a $* deposit that a firnin Salina Ks
What is the nature of the deposit and the agreement you had with the firm?
Wire transfer for 5k for classic car. I'm from Michigan and wanted to buy car. Drove * miles to see and purchase but realized I could not physically deal with car. I could not open hood and would have difficulty shifting car. Individual refused to return my 5k deposit.
Did you sign any contract or agreement with the seller regarding the deposit?
No
What was the communication method between you and the seller regarding the deposit?
I offered to send deposit to hold car while I drove out to get car . I rented trailer and drove *+ miles with full intentions to being car home but realized my physical limitations would be a problem.
Did the seller provide any terms or conditions for the deposit, such as it being non-refundable?
No
What proof do you have of the transaction and the agreement that the deposit would be returned if you decided not to purchase the car?
No conversation took place as to non refundable deposit
What evidence do you have of the wire transfer and any communication about the deposit?
Have wire transfer paperwork from my credit union to his account
What was the date of the wire transfer?
March * *
What is the name and contact information of the firm in Salina, KS?
Johnson and Associates James E. Johnson. * * *
What was the last communication you had with James E. Johnson regarding the return of your deposit?
Response from Attorney Generals office investigator Alfonzo Prescott informing me that a letter from Mr. Johnson he would not refund the money. A.G office recommended that I seek legal assistance and that I would be better served by
What was the exact reason given by Mr. Johnson for not refunding your deposit?
Intitial Response was he had taken car off market and that I had caused him to miss put on selling the car. Time frame was March * sent wire transfer at approx 1pm. Which was a Wednesday. I then procured a u haul trailer and drove *+ miles and was at the place of business approximately *.* pm on Thursday the 16th. Looked at car spent the night in Salina and imformed Mr Johnson Fri morning at approximately *.* that after realizing that I couldn't even open the cars hood that I was going to pass on purchase. His reply was " Thats going to be an expensive trip. I'm keeping the deposit because I had numerous calls and interest in the car. After some discussion hemade an offer to return my money IF, He sold the car in 7 days.any thing less than his asking price would be deducted from my deposit. The following tues or wed He offered the car for * less because he needed to move the car. Mr. Johnson eventually sold the car for * less on Thursday the 23rd of March. I would have no way to verify when or how much he sold the car for so my 5k would vanish under his terms.
Did Mr. Johnson provide you with any written communication about his terms for returning the deposit?

In Kansas, verbal contracts can be legally binding but proving their existence can be challenging. It's important to gather all evidence of your agreement.
Only in letter to Attorney Generals office after the fact.
What does the letter from the Attorney General's office state about the terms of returning the deposit?
He states that car was sold on March 24th for $*,* which was $* less than I was going to pay. Per the agreement that I cancelled on the 22nd he would have returned $*. Again I would not have known or could I have proven the sale date or amount of sale. He offered to refund $* to my UAW attorney that had sent a letter inquiring about my deposit but when he received the inquiry from Attorney Generals office
What was the response of the Attorney General's office to Mr. Johnson's offer of a $* refund?
That offer was made to a UAW legal service attorney but resended when he received the letter from AG office. I would not have re
What was the reason given by Mr. Johnson for rescinding his offer to refund $* upon receiving the letter from the Attorney General's office?
No reason given. But honestly the car listed was for $*,* it sold for $*,* with my $* the sale now is $*,* it's a money grab and vindictive sale p
What was the response of the Attorney General's office when Mr. Johnson rescinded his offer to refund $*?
Tha AG office other than letters sent never got involved.
What actions have you taken since the Attorney General's office didn't get involved?
Reached out to multiple law offices. No one is interested in helping me.
What is the reason given by the law offices for not taking up your case?
Not the type of case, too busy, conflict of interest.
What was the exact date when you informed Mr. Johnson about your decision not to purchase the car?
March 16th approximately *.* am.
Did you have any witnesses or any form of written communication when you informed Mr. Johnson about your decision not to purchase the car?
Between James Johnson and myself.
Did you document or record any of your conversations with James Johnson regarding the deposit and the car purchase?