bought a car through a private party the terms were 2000 down 1000 in payments if car didn't pass smog I was to get money back. I withheld 5...

Question

bought a car through a private party the terms were 2000 down 1000 in payments if car didn't pass smog I was to get money back. I withheld 500 of the 2000 until smog, it passed when paying the 500 he now demands all the money or he will take car and is not giving me any proof of sale. Its bee 10 days and Im out 2000 and still with no transportation. I have demanded my money he says he don't have it.

Answer

The car had to pass the smog as a condition of sale in California. This is a mess because you had a contract of 2000 down and 1000 in payments if it passed. By witholding the $500 you breached the contract. Now you have given him the 2000 and no car, and you have to deal with your breach and now his breach.

I suspect that none of this is in writing so it will make it a bigger mess. He can't keep the 2000... He either ends to give it to you back or give you the car... You may have some negotiation room but he really can't keep the $2000 and the car. You need or have an attorney write a demand letter. If that doesn't work you'll end up in court to get your money back...