They promised to pick it up. Now I have a better offer for full price of my car of 850. I am willing to return this person's deposit. I live in NJ - so I want to know if I can do this w/o being sued later on|||take a deposit from customer #2 and tell them THAT deposit is refundable. Tell them that Customer #1 has until 7pm to get the car. If they don't then Customer #2 can have it. When customer #1 finally shows up, hand them the $100 and say "I never heard back from you so I sold it to someone else" then close the door and go back to whatever you were doing.|||Well, ask yourself this question: "What amount would they sue me for?"
It wouldn't be worth it for them to sue you over $100 if you've already offered to give it back to them. They can't sue you for the vehicle.
If you have nothing in writing, then go for it... sell it to the other person. If you promised in writing to wait on the other buyer, then abide by that.
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