I was buying a USED car from a private party. The private party had the CAR "On LEASE" from Honda Finance.

I agreed to buy his CAR on sale price $X.00 once I got the CAR inspected from my CAR mechanic. But, the private party told me that it will take couple of days to get the CAR title on his name which is currently with Honda Finance (Leased CAR).

He insisted me to buy the CAR by signing the Bill of Sale ( Title is still not in his hand). I said I don't want to buy the CAR until the Title comes on his name.

Since he is not able to sell the CAR immediately, we signed an agreement (on a plain paper) that I am giving him a advacne deposit of $Y.00 by signing the mutual agreement that I will buy his CAR if he is able to transfer the CAR title to my name before date XXYYZZZZ. If the above date is crossed and he is still not able to get the CAR title on his name to sell the CAR to me, I have every single right to back off from the deal and the private party will return the advacne deposit in full to me. Also, In agreement I had also captured that if I back off from the deal without any reason before date XXYYZZZZ, The advacne deposit will be forfieted.

The above date (XXYYZZZZ) is crossed and the private party still does not have the CAR title on his name. I decided to back off from the deal because I don't want to wait forever for the CAR. He said that I can buy the CAR by signing Bill of Sale and the Title will be trasferred later once it comes on his name. This is not what agreed upon. Infact, he can not sale the CAR to me when the title of car is not in his hand.

He withrew the advance deposit from my bank and refused to give it back to me by saying that I back off from the deal with no reason. But this is not the case. he is not in position to sale the CAR (Title is not yet on his name)and I don't want to wait for the Title foreever.

I would like to sue him because of breach of agreement. Please help.