[bdeutsch]

I am not an attorney and have no emotional attachment to the car in question or the two parties involved.

Stepping back from the discussions around could-a, should-a, would-a, seems it comes down to three questions:

1. Was a binding contract in-place that defined the terms of the transaction for both parties - Yes

2. Did the binding contract specify terms (deposit, timelines, etc) that were agreed to by both parties - Yes

3. Was contract executed by both parties according to the original terms of the contract - No (have read nothing that suggests to me that this is not the case)

So, at days end, if binding contract was not executed according to original terms accepted by either of the two parties involved, then default agreements defined in this contract then come into play.

I may be looking at this too simply, but as an ex-auditor, you always start your due diligence at a contract level....

Bob